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Criminal Appeal Act 1968 (-)
Search lawindexpro for case law on this statute.
This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.

1A In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence . . that is fixed by law.

2:--

    (1) [the Court of Appeal is to allow an appeal against conviction were: ]

      (a) that the verdict of the jury should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or

      (b) that the judgment of the court of trial should be set aside on the ground of a wrong decision of any question of law; or

      (c) that there was a material irregularity in the course of the trial,

    and in any other case shall dismiss the appeal:

    Provided that the Court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no miscarriage of justice has actually occurred.

(repealed)


2:-

    (1) Subject to the provisions of this Act, the Court of Appeal--

      (a) shall allow an appeal against conviction if they think that the conviction is unsafe; and

      (b) shall dismiss such an appeal in any other case.


    3:--

      (1) This section applies on an appeal against conviction where the appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence and on the finding of the jury it appears to the Court of Appeal that the jury must have been satisfied of facts which proved him guilty of the other offence.

      (2) The court may instead of dismissing the appeal substitute for the verdict found by the jury a verdict 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.


    7:--

      (1) Where the Court of Appeal allow an appeal against conviction and it appears to the Court that the interests of justice so require, they may order the appellant to be retried.

      (2) A person shall not under this section be ordered to be retried for any offence other than --

        (a) the offence of which he was convicted at the original trial and in respect of which his appeal is allowed as mentioned in subsection (1) above;

        (b) an offence of which he could have been convicted at the original trial on an indictment for the first-mentioned offence; or

        (c) an offence charged in an alternative count of the indictment in respect of which the jury were discharged from giving a verdict in consequence of convicting him of the first-mentioned offence.


    9:-

      (1) A person who has been convicted of an offence on indictment may appeal to the Court of Appeal against any sentence (not being a sentence fixed by law) passed on him for the offence, whether passed on his conviction or in subsequent proceedings.


    23:--

      (1) For the purposes of this Part of this Act the Court of Appeal may, if think it necessary or expedient in the interests of justice --

        . . .

        (c) receive any evidence which was not adduced in the proceedings from which the appeal lies.

      (2) The Court of Appeal shall, in considering whether to receive any evidence, have regard in particular to -

        (a) whether the evidence appears to the court to be capable of belief;

        (b) whether it appears to the court that the evidence may afford any ground for allowing the appeal;

        (c) whether the evidence would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and

        (d) whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.


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Copyright and Database Rights: David Swarbrick 2012
25 November 2012
http://www.swarb.co.uk/acts/1968CriminalAppealAct.html ver 9 July 2010