Criminal Appeal Act 1968

[^key-c2daef36cdc5ebde8ade1816a2532581]: S. 31(2)(ca) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 3(4)(b)

[^key-c3026eecc840b6006f609282e9b0693e]: S. 14(5) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 7(c), Sch. 28 Pt. 3; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 26, 50(3)(a) (with Sch. 2 para. 5)

[^key-c50e95375fb76bb90cb080f6a4a627a2]: Words in s. 50(1)(ca) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 3; S.I. 2015/820, reg. 3(q)(i)

[^key-c885f02ab9d17087b5cb05e06adc50d2]: S. 33(3) excluded (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 389(2), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

[^key-c8b5f742279316d09e1becace9657382]: Words in s. 31A heading omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(y), Sch. 20 para. 3(5)(a)

[^key-c9504b8e11b1d1d379d2e9fd21ccb9fc]: Words in s. 36 inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 68(2), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

[^key-cbf925adc0a3df23b12057a4a997bc4d]: Words in s. 45 substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 128; S.I. 2005/910, art. 3(y)

[^key-ce92e399cc2342e61f0b7204308103ca]: Words in s. 37(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 13(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 paras. 7 14)

[^key-cec3ca0e6640b15276eaded2578fea50]: S. 4(4)(5) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 6(6); S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 4)

[^key-d2c4e43a79aea00431a9f7c2cd83acaa]: Words in s. 14(7) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 7(c), Sch. 28 Pt. 3; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 26, 50(3)(a) (with Sch. 2 para. 5)

[^key-d50a109f6d364fc8e0497e30436b3f14]: S. 18(2) modified (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 385(6)(a), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

[^key-d56be90197f2c27f6b7bb08b6aa4accd]: Words in s. 34(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss.88(4)(5)(b), 110(1); S.I. 2005/910, art. 3(v)

[^key-d7f38fac8c5a5cd06ed87b7cdd82e710]: Words in s. 9(1A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 9(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-d84017cadf234aa35977a07cb511c5ad]: S. 16B(3) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 7(d), Sch. 28 Pt. 3; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 26, 50(3)(a) (with Sch. 2 para. 5)

[^key-d8796b5928a810cd71592dc839158c7d]: Words in s. 33(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(3)(b); S.I. 2009/1604, art. 2(d)

[^key-dcc500acb207a44dd248017dc25d202d]: Words in Sch. 2 para. 2(4) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 13 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-df7a228a62434c69af5c5923b861e19a]: Words in s. 34(2) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(4), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

[^key-dff615b39569d9e2e4782d1145f82c41]: Words in s. 51(1) inserted (16.11.2009 as notified in the Gazettes) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), Sch. 1 para. 6 (with Sch. 2)

[^key-e16230835d6e23c89dfaff6c292ad65c]: S. 9 modified by 2020 c. 17, Sch. 9 para. 22 (as modified by 2006 c. 52, s. 179(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 4 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2))

[^key-e37e8570a516ab139cd6e9354ce15b4e]: S. 30 modified (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2), 29(2) (with reg. 125)

[^key-e85aa515f447301982b40a729cb68a54]: Words in s. 34(1A)(b) substituted (1.10.2009) by virtue of Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 80(2)(c); S.I. 2009/1604, art. 2(d)

[^key-ea51e1f3d1a58a3b9bd8a23645a7c938]: S. 31(1)(aa) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 87; S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

[^key-eb9d757e6fa7911fd3288c8b5296ce2d]: Words in s. 51(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(5)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^key-edd6e60d5d2f36195589ad2a8e3afa89]: S. 18(2) modified (8.1.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 19(4)(b)(5), 60 (with ss. 19(7), 21(2)); S.I. 2006/3423, art. 2(a) (with art. 3)

[^key-efc3e09f8a496209f13ff0e155741ce0]: S. 9 modified by 2020 c. 17, Sch. 10 para. 5A(4) (as modified by 2006 c. 52, s. 181(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 6 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2))

[^key-f138321294f123d0b7db8877f046c7f9]: S. 31C(1)(2) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 8 para. 12, Sch. 28 Pt. 3; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 26, 50(3)(a) (with Sch. 2 para. 6)

[^key-f5c4069306381aeb22ed303a3069c01a]: S. 9 applied (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 203(4), 383(2) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^key-f7b2c4eeed365e2fbf33a801f14e88a8]: Words in s. 35(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 16(5)(b); S.I. 2009/1604, art. 2(d)

[^key-f85c2fa288ae722deeab03747939aa92]: Words in s. 33(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 68(1), 336(3), (4); S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

[^key-f981fa88edd98b348e2c5feaddd203cb]: S. 33(1A) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 144, Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)

[^key-f9b4b561ab458e4fa82e7db6b4cdd059]: Words in s. 3(1) inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 316(2), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(c)

[^key-fe95971375cbfa29b8ff22035c1f0644]: S. 9 applied (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 179(3), 383(2) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^M_F_2bda93cb-99f6-4e5b-ee5e-0698b29d731d]: Words in s. 34(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(4)(5)(b), 110(1); S.I. 2005/910, art. 3(v)

[^M_F_52751372-0f36-44b3-f33c-02b8755d7dee]: S. 3A inserted (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 316(3), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(c)

[^key-f96e0f0daff63730f89372b1a8225a26]: S. 1 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 9 para. 4(2)(c) (with s. 97); S.I. 2023/1272, reg. 2(b)

31B

• (1) The power of the Court of Appeal to determine an application for procedural directions may be exercised by—

• (a) a single judge, or

• (b) the registrar.

• (2) “Procedural directions” means directions for the efficient and effective preparation of—

• (a) an application for leave to appeal, or

• (b) an appeal,

to which this section applies.

• (3) A single judge may give such procedural directions as he thinks fit—

• (a) when acting under subsection (1);

• (b) on a reference from the registrar;

• (c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.

• (4) The registrar may give such procedural directions as he thinks fit—

• (a) when acting under subsection (1);

• (b) of his own motion.

• (5) This section applies to an appeal, and an application to the Court of Appeal for leave to appeal, under—

• (a) this Part,

• (b) section 9 of the Criminal Justice Act 1987, or

• (c) section 35 of the Criminal Procedure and Investigations Act 1996.

31C

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.

• (4) A single judge may, on an application to him under subsection (5)—

• (a) confirm, set aside or vary any procedural directions given by the registrar, and

• (b) give such procedural directions as he thinks fit.

• (5) An application under this subsection may be made by—

• (a) an appellant;

• (b) a respondent, if the directions—

• (i) relate to an application for leave to appeal and appear to need the respondent’s assistance to give effect to them,

• (ii) relate to an application for leave to appeal which is to be determined by the Court of Appeal, or

• (iii) relate to an appeal.

• (6) In this section—

• “appellant” includes a person who has given notice of application for leave to appeal under any of the provisions mentioned in section 31B(5);

• “respondent” includes a person who will be a respondent if leave to appeal is granted.

3A

• (1) This section applies on an appeal against conviction where—

• (a) an appellant has been convicted of an offence to which he pleaded guilty,

• (b) if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and

• (c) it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of the other offence.

• (2) The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law for the other offence, not being a sentence of greater severity.

Appeal against order made in cases of insanity or unfitness to plead

16A

• (1) A person in whose case the Crown Court—

• (a) makes a hospital order or interim hospital order by virtue of section 5 or 5A of the Criminal Procedure (Insanity) Act 1964, or

• (b) makes a supervision order under section 5 of that Act,

may appeal to the Court of Appeal against the order.

• (2) An appeal under this section lies only—

• (a) with the leave of the Court of Appeal; or

• (b) if the judge of the court of trial grants a certificate that the case is fit for appeal.

16B

• (1) If on an appeal under section 16A of this Act the Court of Appeal consider that the appellant should be dealt with differently from the way in which the court below dealt with him—

• (a) they may quash any order which is the subject of the appeal; and

• (b) they may make such order, whether by substitution for the original order or by variation of or addition to it, as they think appropriate for the case and as the court below had power to make.

• (2) The fact that an appeal is pending against an interim hospital order under the Mental Health Act 1983 shall not affect the power of the court below to renew or terminate the order or deal with the appellant on its termination.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The fact that an appeal is pending against a supervision order under section 5 of the Criminal Procedure (Insanity) Act 1964 shall not affect the power of the court below to revoke the order, or of a magistrates' court to revoke or amend it.

• (5) Where the Court of Appeal make a supervision order by virtue of this section, the power of revoking or amending it shall be exercisable as if the order had been made by the court below.

Appeals following references by the CCRC

16C

• (1) This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 9(1)(a), (5) or (6) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.

• (2) Notwithstanding anything in section 2, 13 or 16 of this Act, the Court of Appeal may dismiss the appeal if—

• (a) the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and

• (b) the condition in subsection (3) is met.

• (3) The condition in this subsection is that if—

• (a) the reference had not been made, but

• (b) the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,

the Court would not think it appropriate to grant the application by exercising the power conferred by section 18(3).

30A

• (1) This section applies where the Court of Appeal—

• (a) make an interim hospital order by virtue of any provision of this Part, or

• (b) renew an interim hospital order so made.

• (2) The court below shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.

Continuation of community treatment order on appeal by the Crown

Interpretation.

Section 2(4)

37A

• (1) The following provisions apply where, immediately after a decision of the Court of Appeal from which an appeal lies to the Supreme Court, the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal.

• (2) If, but for the decision of the Court of Appeal, the defendant would be liable to recall, the Court of Appeal may make an order under this section.

• (3) For the purposes of this section, a person is liable to recall if he is subject to a community treatment order (within the meaning of the Mental Health Act 1983) and, when that order was made, he was liable to be detained in pursuance of an order or direction under Part 3 of that Act.

• (4) An order under this section is an order providing for the continuation of the community treatment order and the order or direction under Part 3 of that Act so long as an appeal to the Supreme Court is pending.

• (5) Where an order is made under this section the provisions of the Mental Health Act 1983 with respect to persons liable to recall (including provisions as to the extension of the community treatment period, the removal or discharge of community patients, the revocation of community treatment orders and the re-detention of patients following revocation) shall apply accordingly.

• (6) An order under this section shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would, but for the decision of the Court of Appeal, have been—

• (a) liable to recall; or

• (b) where the community treatment order is revoked, liable to be detained in pursuance of the order or direction under Part 3 of the Mental Health Act 1983.

• (7) Where the Court of Appeal have power to make an order under this section, and either no such order is made or the defendant is discharged, by virtue of subsection (5) or (6) of this section, before the appeal is disposed of, the defendant shall not be liable to be again detained as the result of the decision of the Supreme Court on the appeal.

Powers of Court of Appeal under Part II which are exercisable by single judge.

Interpretation.

Section 2(4)

11A

• (1) This section applies where the Court of Appeal—

• (a) quash a confiscation order under section 11(3)(a) (“the quashed order”), and

• (b) under section 11(3A), direct the Crown Court to proceed afresh under the relevant enactment.

• (2) Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any such sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 11(3A).

• (3) Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings.

• (4) In this section “confiscation order” and “relevant enactment” have the same meaning as in section 11(3D).

30B

The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Court of Appeal—

• (a) when dismissing an appeal under this Part of this Act by a person convicted of an offence against the person's conviction or sentence for the offence;

• (b) when dismissing an application for leave to bring such an appeal.