OpenLegislation

Criminal Appeal Act 1968

1968 c. 19 · Enacted 8 May 1968 · Extends to United Kingdom

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 29 June 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 31(1)(b)words substitutedYouth Justice and Criminal Evidence Act 1999 Sch. 4 para. 4(3)
s. 11(2)words repealedCriminal Justice Act 2003 Sch. 37 Pt. 12
s. 10(4)repealedCriminal Justice Act 2003 Sch. 37 Pt. 12
s. 18excludedOffensive Weapons Act 2019 s. 8(6)
s. 50(2A)insertedVictims and Prisoners Act 2024 s. 18(8)
s. 379(1A)insertedVictims and Courts Act 2026 s. 5(10)
s. 50(2A)words insertedVictims and Courts Act 2026 s. 5(9)

An Act to consolidate certain enactments relating to appeals in criminal cases to the criminal division of the Court of Appeal, and thence to the House of Lords.

[8th May 1968] E1I1C1

Annotations to the whole text

Modifications

C1

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.

Commencement

I1

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

Extent

E1

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

Contents

  1. Part I: Appeal to Court of Appeal in Criminal Cases
  2. Appeal against conviction on indictment
  3. 1Right of appeal.
  4. 2Grounds for allowing appeal under s. 1.
  5. 3Power to substitute conviction of alternative offence.
  6. 3APower to substitute conviction of alternative offence after guilty plea
  7. 4Power to re-sentence where appellant remains convicted of related offences.
  8. 5Disposal of appeal against conviction on special verdict.
  9. 6Substitution of finding of insanity or findings of unfitness to plead etc.
  10. Retrial
  11. 7Power to order retrial.
  12. 8Supplementary provisions as to retrial.
  13. Appeal against sentence
  14. 9Appeal against sentence following conviction on indictment.
  15. 10Appeal against sentence in other cases dealt with at assizes or quarter sessions.
  16. 11Supplementary provisions as to appeal against sentence.
  17. 11AQuashing of certain confiscation orders: supplementary
  18. Appeal in cases of insanity
  19. 12Appeal against verdict of not guilty by reason of insanity.
  20. 13Disposal of appeal under s. 12.
  21. 14Substitution of findings of unfitness to plead etc.
  22. 14ASubstitution of verdict of acquittal. Repealed
  23. Unfitness to stand trial
  24. 15Right of appeal against finding of disability.
  25. 16Disposal of appeal under s. 15.
  26. Appeal against order made in cases of insanity or unfitness to plead
  27. 16ARight of appeal against hospital order etc.
  28. 16BDisposal of appeal under s. 16A
  29. Appeals following references by the CCRC
  30. 16CPower to dismiss certain appeals following references by the CCRC
  31. Review by Court of Appeal of cases tried on indictment
  32. 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  33. Procedure from notice of appeal to hearing
  34. 18Initiating procedure.
  35. 18AAppeals in cases of contempt of court.
  36. 19Bail.
  37. 20Disposal of groundless appeal or application for leave to appeal.
  38. 21Preparation of case for hearing.
  39. The hearing
  40. 22Right of appellant to be present.
  41. 23Evidence.
  42. 23APower to order investigations.
  43. 24—28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  44. Other matters depending on result of appeal
  45. 29Effect of appeal on sentence.
  46. 30Restitution of property.
  47. Supplementary
  48. 30AEffect of interim hospital orders
  49. 30BCriminal courts charge
  50. 31Powers of Court ...which are exercisable by single judge.
  51. 31APowers of Court ... which are exercisable by registrar.
  52. 31BProcedural directions: powers of single judge and registrar
  53. 31CAppeals against procedural directions
  54. 32Transcripts.
  55. Part II: Appeal to House of Lords from Court of Appeal (Criminal Division)
  56. The appeal
  57. 33Right of appeal to Supreme Court .
  58. 34Application for leave to appeal.
  59. 35Hearing and disposal of appeal.
  60. Matters preliminary to hearing
  61. 36Bail on appeal by defendant.
  62. 37Detention of defendant on appeal by the Crown.
  63. 37AContinuation of community treatment order on appeal by the Crown
  64. 38Presence of defendant at hearing.
  65. 39—41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  66. Supplementary
  67. 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  68. 43Effect of appeal on sentence.
  69. 44Powers of Court of Appeal under Part II which are exercisable by single judge.
  70. 44AAppeals in cases of death.
  71. Part III: Miscellaneous and General
  72. 45Construction of references in Parts I and II to Court of Appeal and a single judge.
  73. 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  74. 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  75. 48Appeal in capital cases. Repealed
  76. 49Saving for prerogative of mercy.
  77. 50Meaning of “sentence”.
  78. 51Interpretation.
  79. 52Consequential amendment of enactments.
  80. 53Transitional provisions.
  81. 54Repeals.
  82. 55Short title, commencement and extent.
  83. Schedule 1
  84. 1Paragraph 1 Repealed
  85. 2Paragraph 2 Repealed
  86. 3Paragraph 3 Repealed
  87. Schedule 2: Procedural and Other Provisions Applicable on Order for Retrial
  88. Evidence
  89. 1Paragraph 1
  90. Sentence on conviction at retrial
  91. 2Paragraph 2
  93. 3Paragraph 3 Repealed
  94. Schedule 3: Application of Provisions in Part III of Mental Health Act 1983 where Order made under Section 16(3) of this Act
  96. 1Paragraph 1 Repealed
  97. Order for continued detention under Act of 1983
  98. 2Paragraph 2
  99. Schedule 4: Procedural and other Modifications for Capital Cases Repealed
  100. Appeal to Court of Appeal Repealed
  101. 1Paragraph 1 Repealed
  102. 2Paragraph 2 Repealed
  103. Appeal to Supreme Court Repealed
  104. 3Paragraph 3 Repealed
  105. 4Paragraph 4 Repealed
  106. Schedule 5: Amendment of Enactments
  107. Part I: Miscellaneous Consequential Amendments
  108. . . .
  109. . . .
  110. The Sentence of Death (Expectant Mothers) Act 1931 (c. 24)
  111. The Children and Young Persons Act (c. 12)
  112. The Costs in Criminal Cases Act 1952 (c. 48)
  113. Paragraph
  114. The Prison Act 1952 (c. 52)
  115. The Geneva Conventions Act 1957 (c. 52)
  116. Paragraph
  117. . . .
  118. . . .
  119. The Criminal Justice Administration Act 1962 (c. 15)
  121. . . .
  122. II. . .
  123. Schedule 6: Transitional Provisions
  124. 1Paragraph 1
  125. 2Paragraph 2
  126. 3Paragraph 3
  127. Schedule 7Repeals