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Criminal Appeal Act 1968

Type Public General Act
Publication 1968-05-08
Last updated 2023-12-20
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API
  • (1) On an appeal against conviction or an application for leave to appeal against conviction, the Court of Appeal may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—
  • (a) in the case of an appeal, the matter is relevant to the determination of the appeal and ought, if possible, to be resolved before the appeal is determined;
  • (aa) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;
  • (b) an investigation of the matter by the Commission is likely to result in the Court being able to resolve it; and
  • (c) the matter cannot be resolved by the Court without an investigation by the Commission.
  • (1A) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 31 of this Act.
  • (2) A direction by the Court of Appeal under subsection (1) above shall be given in writing and shall specify the matter to be investigated.
  • (3) Copies of such a direction shall be made available to the appellant and the respondent.
  • (4) Where the Commission have reported to the Court of Appeal on any matter which they have been directed under subsection (1) above to investigate, the Court—
  • (a) shall notify the appellant and the respondent that the Commission have reported; and
  • (b) may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.
  • (5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.
31A
  • (1) The powers of the Court of Appeal under this Part of this Act which are specified in subsection (2) below may be exercised by the registrar.
  • (2) The powers mentioned in subsection (1) above are the following—
  • (a) to extend the time within which notice of appeal or of application for leave to appeal may be given;
  • (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) to order a witness to attend for examination; ...
  • (c) to vary the conditions of bail granted to an appellant by the Court of Appeal or the Crown Court;
  • (d) to make orders under section 23(1)(a).
  • (2A) The registrar may exercise the powers under sections 51 and 52 of the Criminal Justice Act 2003 as they are exercisable in relation to appeals to the criminal division of the Court of Appeal and preliminary and incidental proceedings.
  • (3) No variation of the conditions of bail granted to an appellant may be made by the registrar unless he is satisfied that the respondent does not object to the variation; but, subject to that, the powers specified in that subsection are to be exercised by the registrar in the same manner as by the Court of Appeal and subject to the same provisions.
  • (4) If the registrar refuses an application on the part of an appellant to exercise in his favour any of the powers specified in subsection (2) or (2A) above, the appellant shall be entitled to have the application determined by a single judge.
  • (5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

Detention of defendant on appeal by the Crown.

44A
  • (1) Where a person has died—
  • (a) any relevant appeal which might have been begun by him had he remained alive may be begun by a person approved by the Court of Appeal; and
  • (b) where any relevant appeal was begun by him while he was alive or is begun in relation to his case by virtue of paragraph (a) above or by a reference by the Criminal Cases Review Commission, any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved.
  • (2) In this section “relevant appeal” means—
  • (a) an appeal under section 1, 9, 12 or 15 of this Act; or
  • (b) an appeal under section 33 of this Act from any decision of the Court of Appeal on an appeal under any of those sections.
  • (3) Approval for the purposes of this section may only be given to—
  • (a) the widow or widower or surviving civil partner of the dead person;
  • (b) a person who is the personal representative (within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925) of the dead person; or
  • (c) any other person appearing to the Court of Appeal to have, by reason of a family or similar relationship with the dead person, a substantial financial or other interest in the determination of a relevant appeal relating to him.
  • (4) Except in the case of an appeal begun by a reference by the Criminal Cases Review Commission, an application for such approval may not be made after the end of the period of one year beginning with the date of death.
  • (5) Where this section applies, any reference in this Act to the appellant shall, where appropriate, be construed as being or including a reference to the person approved under this section.
  • (6) The power of the Court of Appeal to approve a person under this section may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions; but if the single judge refuses the application, the applicant shall be entitled to have the application determined by the Court of Appeal.
1A

Subject to paragraph 1 above, evidence given orally at the original trial must be given orally at the retrial.

Order for continued detention under Act of 1983

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Section 2(4)

The Children and Young Persons Act (c. 12)

Section 7

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Editorial notes

1

Act extends to England and Wales; for exceptions in Sch. 5 see s. 55(3)

2

Act not in force at Royal Assent, Act wholly in force at 1.9.1968 see s. 55(2).

3

By Criminal Justice Act 1991 (c. 53, SIF 39:1), S. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act to youth courts shall be construed as references to juvenile courts.

4

S. 1 extended (19.2.2001) by 2000 c. 11, s. 7(4)(b); S.I. 2001/421, art. 2(a)

6

S. 1(2) substituted (1.1.1996) by 1995 c. 35, s. 1(1); S.I. 1995/3061, art. 3(a) (with art. 4)

8

S. 2(1) substituted (1.1.1996) by 1995 c. 35, s. 2(1); S.I. 1995/3061, art. 3(a) (with art. 4)

9

S. 2(1) modified (24.7.2002) by 1999 c. 23, s. 56(5) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2

10

Words in s. 5(1) substituted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 4(2); S.I. 1995/3061, art. 3(d)(h) (with art. 4)

15

Words in s. 8(1B)(b) inserted (27.9.1999) by 1999 c. 22, ss. 58(2), 108(3)(with s. 107, Sch. 14 para. 7(2))

16

Words in s. 8(2)(a) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 19; S.I. 1995/721, art. 2, Sch. Appendix A

17

Words substituted by Bail Act 1976 (c. 63), Sch. 2 Para. 38

22

S. 9 modified (25.8.2000) by 2000 c. 6, ss. 116(9), 168(1)

23

S. 9 renumbered to become s. 9(1) and s. 9(2) added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para 16, Sch. 15 para. 20,

24

Words in s. 9(2) inserted (4.1.1999 for specified purposes and otherwise 15.1.2001) by 1998 c. 37, s. 119, Sch. 8 para. 12; S.I. 1998/2327, art. 4(2)(c), Sch. 2; S.I. 2000/3283, art. 2(c) (subject to art. 3)

25

Words in s. 9(2) inserted (27.9.1999) by 1999 c. 22, ss. 58(3), 108(3) (with s. 107, Sch. 14 para. 7(2))

26

S. 10 modified (25.8.2000) by 2000 c. 6, ss. 116(9), 168(1)

29

Words in s. 10(4) inserted (27.9.1999) by 1999 c. 22, ss. 58(7), 108(3) (with s. 107, Sch. 14 para. 7(2))

31

Words substituted by Criminal Justice Act 1982 (c. 48), s. 29(2)(a)(i)

38

Words in s. 11(5) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 20; S.I. 1995/721, art. 1, Sch. Appendix A

39

S. 12 extended (27.7.1999) by 1999 c. 25, s. 2(1)

40

Words in s. 12 substituted (1.1.1996) by 1995 c. 35, s. 1(3); S.I. 1995/3061, art. 3(a) (with art. 4)

41

S. 13 modified (27.7.1999) by 1999 c. 25, s. 2(2)

42

S. 13(1) substituted for s. 13(1)(2) (1.1.1996) by 1995 c. 35, s. 2(3); S.I. 1995/3061, art. 3(a) (with art. 4)

43

S. 13(1) modified (24.7.2002) by 1999 c. 23, s. 56(5) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2

46

S. 15(2) substituted (1.1.1996) by 1995 c. 35, s. 1(5); S.I. 1995/3061, art. 3(a) (with art. 4)

47

S. 16(1) substituted (1.1.1996) by 1995 c. 35, s. 2(5); S.I. 1995/3061, art. 3(a) (with art. 4)

48

S. 16(1) modified (24.7.2002) by 1999 c. 23, s. 56(5) (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2

51

Words in s. 16(3)(b) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 21; S.I. 1995/721, art. 2, Sch. Appendix A

52

S. 18 excluded (1.10.1997 for specified purposes and otherwise prosp.) by 1997 c. 43, ss. 5(2), 57(2); S.I. 1997/2200, art. 2(1)(d) (with art. 5) S. 18 excluded (25.8.2000) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), ss. 112(2), 168(1)

55

1960 c.65 (37, 39:1).

57

Words in s. 19(1) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 22; S.I. 1995/721, art. 2, Sch. Appendix A

61

Words in s. 23(1)(4) substituted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 4(3); S.I. 1995/3061, art. 3(d)(h) (with art. 4)

62

S. 23(1)(c) substituted (1.1.1996) by 1995 c. 35, s. 4(1)(a); S.I. 1995/3061, art. 3(a) (with art. 4)

63

S. 23(2) substituted (1.1.1996) by 1995 c. 35, s. 4(1)(b); S.I. 1995/3061, art. 3(a) (with art. 4)

64

Words in s. 23(3) inserted (1.1.1996) by 1995 c. 35, s. 4(1)(c); S.I. 1995/3061, art. 3(a) (with art. 4)

65

Words in s. 23(3) repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1995/3061, art. 3(d)(i)(i) (with art. 4)

66

S. 23A inserted (31.3.1997) by 1995 c. 35, s. 5(1); S.I. 1997/402, art. 3(a) (with art. 4)

67

Ss. 24–28, 39–41 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

69

Words in s. 29(2)(c) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 4(4); S.I. 1997/402, art. 3(d)(e) (with art. 4)

70

Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 41

73

S. 30 modified (30.10.1994) by S.I. 1994/2716, reg. 26(2) S. 30 modified (25.8.2000) by 2000 c. 6, ss. 148(7), 168(1)

74

S. 31 restricted (11.1.1995) by 1981 c. 54, s. 9(6A) (as inserted (11.1.1995) by 1994 c. 33, s. 52(5); S.I. 1994/3258, art. 2)

75

S. 31(1)(2) substituted for s. 31(1)(2) (to and including the word “powers” in s. 31(2)) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 29

76

S. 31(2)(e) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 29(2)(c)

77

S. 31(2)(g) repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

81

S. 31A inserted (1.1.1996) by 1995 c. 35, s. 6; S.I. 1995/3061, art. 3(a) (with art. 4)

83

Words in s. 33(1) inserted (4.7.1996 but with effect on 15.4.1997 as mentioned in s. 28) by 1996 c. 25, ss. 28, 36 (with s. 76(1)); S.I. 1997/1019, art. 4

85

Words in s. 36 inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 23; S.I. 1995/721, art. 2, Sch.

87

Words in s. 36 inserted (4.7.1996 but with effect on 15.4.1997 as mentioned in s. 28) by 1996 c. 25, ss. 28, 36 (with s. 78(1)); S.I. 1997/1019, art. 4

88

Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 43

92

Ss. 24–28, 39–41 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

94

Word substituted by Bail Act 1976 (c. 63), Sch. 2 para. 44

95

S. 44 restricted (11.1.1995) by 1981 c. 54, s. 9(6A) (as inserted (11.1.1995) by 1994 c. 33, s. 52(5); S.I. 1994/3258, art. 2)

97

1985 c.23 (39:1).

100

S. 44A inserted (1.1.1996 for specified purposes and otherwise 31.3.1997) by 1995 c. 35, s. 7(1); S.I. 1995/3061, art. 3(b) (with art. 4); S.I. 1997/402, art. 3(a) (with art. 4)

101

S. 45(1) and sidenote substituted by Supreme Court Act 1981 (c. 54), Sch. 5 para. 2

102

Words in s. 45(1) inserted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 4(5)(a); S.I. 1995/3061, art. 3(d)(h) (with art. 4)

103

Words in s. 45(2) substituted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 4(5)(b); S.I. 1995/3061, art. 3(d)(h) (with art. 4)

106

S. 47 repealed by s. 47(7) of this Act and S.I. 1967/1234, Sch. 5

107

S. 50(1) modified (1.10.1997 for specified purposes otherwise 1.12.1999) by 1997 c. 43, ss. 55(2), 57(2), Sch. 4 para. 6(1); S.I. 1997/2200, art. 2(1)(m) and S.I. 1999/3096, art. 2(d)

108

S. 50(1) substituted (14.8.1995) by 1993 c. 36, s. 78(3), Sch. 5 Pt. I para. 1; S.I. 1995/1958, art. 2

110

S. 50(1)(bb) inserted (1.10.1997) by 1997 c. 43, s. 55(1), Sch. 4 para. 6(1)(a); S.I. 1997/2200, art. 2(1)(l)(2)(c)

111

Words in s. 50(1)(d) substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 2

113

Words in s. 50(1)(g) substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 2(b)

117

S. 50(3) inserted (2.4.2001) by 1999 c. 22, s. 24, Sch. 4 para. 3 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 3(a)(ii)

119

Definition substituted by Courts Act 1971 (c. 23), Sch. 8 para. 57(3)

122

Definition of "recommendation for deportation" repealed by Immigration Act 1971 (c. 77), Sch. 6

124

Words in s. 51(2) inserted (1.4.2000) S.I. 2000/90, art. 3(2), Sch. 2 Pt. I para. 1 (with art. 2(5))

127

The text of s. 52, Sch. 5, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

129

The text of s. 54, Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

130

1.9.1968 appointed by S.I. 1968/325, art. 1

138

Words in Sch. 2 para. 1 substituted (4.7.1996 but with effect as mentioned in Sch. 2 para. 7 of the amending Act) by 1996 c. 25, s. 68, Sch. 2 paras. 5, 7; S.I. 1997/683, art. 1(2)

139

Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 45

140

Sch. 2 para. 2(4) modified (1.10.1997 for specified purposes, otherwise 1.12.1999) by 1997 c. 43, ss. 55(2), 57(2), Sch. 4 para. 6(2); S.I. 1997/2200, art. 2(1)(m) and S.I. 1999/3096, art. 2(d)

145

Sch. 3 para. 2 substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 23(n)(ii)

146

The text of s. 52, Sch. 5, is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

156

The text of s. 54, Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

157

S. 17 repealed (31.3.1997) by 1995 c. 35, ss. 3, 29(2), Sch. 3; S.I. 1997/402, art. 3(a)(d)(e) (with art. 4)

161

S. 14 modified (27.7.1999) by 1999 c. 25, s. 2(2)

169

Words in s. 7(2)(c) substituted (24.7.2006 for E.W., 8.1.2007 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 44(b); S.I. 2006/1835, art. 2(h); S.I. 2006/3422, art. 2(c)(i)

173

S. 14(2)-(7) substituted (31.3.2005) for s. 14(2)(3) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 24(3), 60 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)

174

Words in s. 9(2) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 44(3), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3 4)

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