OpenLegislation

Criminal Appeal Act 1968 in Scotland

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)

Contents

  1. Retrial
  2. 11AQuashing of certain confiscation orders: supplementary
  3. Unfitness to stand trial
  4. Appeal against order made in cases of insanity or unfitness to plead
  5. 16ARight of appeal against hospital order etc.
  6. Appeals following references by the CCRC
  7. 16CPower to dismiss certain appeals following references by the CCRC
  8. Review by Court of Appeal of cases tried on indictment
  9. Procedure from notice of appeal to hearing
  10. 18AAppeals in cases of contempt of court.
  11. 20Disposal of groundless appeal or application for leave to appeal.
  12. 21Preparation of case for hearing.
  13. 24—28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. Other matters depending on result of appeal
  15. 30AEffect of interim hospital orders
  16. 30BCriminal courts charge
  17. 31BProcedural directions: powers of single judge and registrar
  18. 32Transcripts.
  19. The appeal
  20. 37AContinuation of community treatment order on appeal by the Crown
  21. 39—41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  22. 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  23. 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  24. 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  25. 49Saving for prerogative of mercy.
  26. 52Consequential amendment of enactments.
  27. 53Transitional provisions.
  28. 54Repeals.
  29. 55Short title, commencement and extent.
  30. Evidence
  31. Sentence on conviction at retrial
  34. 1Paragraph 1 Repealed
  35. Order for continued detention under Act of 1983
  36. 2Paragraph 2
  37. Appeal to Court of Appeal Repealed
  38. 1Paragraph 1 Repealed
  39. 2Paragraph 2 Repealed
  40. Appeal to Supreme Court Repealed
  41. 3Paragraph 3 Repealed
  42. 4Paragraph 4 Repealed
  43. Schedule 5: Amendment of Enactments
  44. Part I: Miscellaneous Consequential Amendments
  45. Paragraph
  46. The Geneva Conventions Act 1957 (c. 52)
  47. Paragraph
  48. 1Paragraph 1
  49. 2Paragraph 2
  50. 3Paragraph 3

11AQuashing of certain confiscation orders: supplementaryF1

(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).

16ARight of appeal against hospital order etc.F1

(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.

16CPower to dismiss certain appeals following references by the CCRCF1

(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).

18AAppeals in cases of contempt of court.F1

(1)

A person who wishes to appeal under section 13 of the Administration of Justice Act M11960 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in such manner as may be directed by rules of court.

(2)

Notice of appeal shall be given within twenty-eight days from the date of the order or decision appealed against.

(3)

The time for giving notice under this section may be extended, either before or after its expiry, by the Court of Appeal.

20Disposal of groundless appeal or application for leave to appeal.F1

If it appears to the registrar that a notice of appeal or application for leave to appeal does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court for summary determination; and where the case is so referred the Court may, if they consider that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning it for a full hearing, dismiss the appeal or application for leave summarily, without calling on anyone to attend the hearing or to appear for the Crown thereon.

21Preparation of case for hearing.

(1)

The registrar shall—

(a)

take all necessary steps for obtaining a hearing of any appeal or application of which notice is given to him and which is not referred and dismissed summarily under the foregoing section; and

(b)

obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things which appear necessary for the proper determination of the appeal or application.

(2)

Rules of court may enable an appellant to obtain from the registrar any documents or things, including copies or reproductions of documents, required for his appeal and may authorise the registrar to make charges for them in accordance with scales and rates fixed from time to time by the Treasury.

24—28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

30AEffect of interim hospital ordersF1

(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.

30BCriminal courts chargeF1

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.

31BProcedural directions: powers of single judge and registrarF1

(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.

32Transcripts.

(1)

Rules of court may provide—

(a)

for the making of a record (whether by means of shorthand notes, by mechanical means or otherwise) of any proceedings in respect of which an appeal lies (with or without leave) to the Court of Appeal; and

(b)

for the making and verification of a transcript of any such record and for supplying the transcript (on payment of such charge, if any, as may be fixed for the time being by the Treasury) to the registrar for the use of the Court of Appeal or any judge exercising the powers of a judge of the Court, and to such other persons and in such circumstances as may be prescribed by the rules.

(2)

Without prejudice to subsection (1) above, the Secretary of State may, if he thinks fit, in any case direct that a transcript shall be made of any such record made in pursuance of the rules and be supplied to him.

(3)

The cost—

(a)

of making any such record in pursuance of the rules; and

(b)

of making and supplying in pursuance of this section any transcript ordered to be supplied to the registrar or the Secretary of State,

shall be defrayed, in accordance with scales of payment fixed for the time being by the Treasury, out of moneys provided by Parliament; and the cost of providing and installing at a court any equipment required for the purpose of making such a record or transcript shall also be defrayed out of moneys so provided.

37AContinuation of community treatment order on appeal by the CrownF1

(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.

39—41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

49Saving for prerogative of mercy.

Nothing in this Act is to be taken as affecting Her Majesty’s prerogative of mercy.

52Consequential amendment of enactments.C1

(1)

The enactments specified in Part I of Schedule 5 to this Act shall be amended as shown in that Schedule.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

53Transitional provisions.

The transitional provisions contained in Schedule 6 to this Act shall have effect.

54Repeals.C1

The enactments specified in the second column of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

55Short title, commencement and extent.

(1)

This Act may be cited as the Criminal Appeal Act 1968.

C1(2)

This Act shall come into force on the day appointed under section 106(5) of the M1Criminal Justice Act 1967 for the coming into force of section 98 of that Act.

(3)

So much of Schedule 5 to this Act as amends the M2Geneva Conventions Act 1957 shall extend to Scotland and Northern Ireland and the repeal by this Act of section 2(2) of the M3Administration of Justice Act 1960 shall extend to Northern Ireland; but except as aforesaid this Act shll not extend to Scotland or Northern Ireland.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

2F1

Where an order is made by the Court of Appeal under section 16(3) of this Act for a person’s continued detention under the Mental Health Act 1983, Part III of that Act (patients concerned in criminal proceedings or under sentence) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction.

1F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7

After the word “Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Section 8

In subsection (1) (as amended by paragraph 22 of Schedule 4 to the M1Criminal Justice Act 1967), for the words “under section 3(2) of this Act” there shall be substituted the words “under section 24 of the Criminal Appeal Act 1968”.

Section 10

For subsection (2) there shall be substituted the following subsection:—

“(2)

Where the criminal division of the Court of Appeal order the payment of costs by the appellant under section 25 of the Criminal Appeal Act 1968, or that division or the House of Lords order the payment of costs by the defendant under section 40 of that Act, the payment shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case.”

In subsection (5), after the word “Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Section 11(1)

After the word “Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

Section 12

For this section there shall be substituted the following:—

“ Regulations.

12
(1)

The Secretary of State may by statutory instrument make regulations generally for carrying this Act and the associated provisions of the Criminal Appeal Act 1968 into effect and in particular may by regulations so made prescribe—

(a)

rates or scales of payment of any costs payable out of local funds under this Act or the said associated provisions and the conditions under which such costs may be allowed;

(b)

the manner in which an officer of the court making a payment to any person in respect of his attendance to give evidence is to be repaid out of local funds;

(c)

the form of orders, certificates and notices under the Act or the said associated provisions, and the giving of information when certificates are sent under this Act by the officer of any magistrates’ court;

and any provision of this Act or the said Act of 1968 enabling any sum to be paid out of local funds shall have effect subject to the regulations.

(2)

In subsection (1) of this section “the associated provisions of the Criminal Appeal Act 1968” means the following provisions of that Act, namely, sections 24 to 28 and 39 to 41.”

Section 17(2)

After the words “the Act” there shall be inserted the words “or the Criminal Appeal Act 1968”.

The Geneva Conventions Act 1957 (c. 52)

Section 4

For subsection (1) there shall be substituted the following subsections —

“(1)

Where a protected prisoner of war or protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he must give notice of appeal or notice of his application for leave to appeal to the criminal division of the Court of Appeal, the High Court of Justiciary or the Court of Criminal Appeal in Northern Ireland, as the case may be, shall, notwithstanding anything in the enactment relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of twenty-eight days after the date on which he received notice given—

(a)

in the case of a protected prisoner of war, by an officer of Her Majesty’s forces;

(b)

in the case of a protected internee, by or on behalf of the governor of the prison in which he is confined,

that the protecting power has been notified of his conviction and sentence; and, in a case to which the foregoing provisions of this subsection apply, a reference to the period aforesaid shall be substituted for the reference in section 30(1)(a) of the Criminal Appeal Act 1968 and section 31(1)(a) of the Criminal Appeal (Northern Ireland) Act 1968 (revesting and restitution of property) to the period of twenty-eight days from the date of conviction.

(1A)

In the case of an appeal to the House of Lords under any of the Acts specified in the left-hand column of the following Table by a protected prisoner of war or protected internee, the period specified in the provision of that Act specified in relation thereto in the right-hand column (the provisions there listed being those which lay down the time for applying for leave to appeal) shall be extended until fourteen days after the date on which the applicant receives notice, given as mentioned in subsection (1)(a) or (b) of this section, that the protecting power has been notified of the decision of the court from which the appeal lies, or of the refusal of that court of the application for leave to appeal, as the case may be.

Table
The Administration of Justice Act 1960Section 2(1)
The Criminal Appeal Act 1968Section 34(1)
The Criminal Appeal (Northern Ireland) Act 1968Section 37(1)
The Courts-Martial (Appeals) Act 1968Section 40(1)

”

1

(1)

Any right of appeal subsisting immediately before the commencement of this Act by virtue of an enactment repealed thereby shall after that commencement be treated as subsisting by virtue of the corresponding enactment in this Act.

(2)

Any appeal or application pending before the said commencement under an enactment so repealed may be prosecuted and disposed of in accordance with the provisions of this Act corresponding to those in force immediately before the said commencement and applicable to the appeal or application.

2

(1)

In so far as any order made, direction given or other thing done under an enactment repealed by this Act could have been made, given or done under a corresponding provision of this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made, given or done under that corresponding provision.

(2)

Any document referring to an enactment repealed by this Act shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act.

3

(1)

The mention of particular matters in this Schedule shall not be taken to affect the general application of section 38 of the M1Interpretation Act 1889 with regard to the effect of repeals.

(2)

References in this Schedule to enactments repealed by this Act shall be construed as including references to enactments which are reproduced in this Act in relation to matters for which provision is made by this Act while remaining unrepealed in relation to matters for which provision is made by another Act; and section 38 of the M2Interpretation Act 1889 shall apply with respect to any such enactment as if it had been repealed by this Act in relation to matters for which provision is made by this Act.