OpenLegislation

Criminal Appeal Act 1995 in Scotland

1995 c. 35 · Enacted 19 July 1995 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 5 December 2022.

See the changes not yet applied
ProvisionChangeMade by
Sch. 2 para. 18repealedThe Criminal Evidence (Northern Ireland) Order 1999 Sch. 3

Contents

  1. 1Leave to appeal etc.
  2. 2Grounds for allowing and dismissing appeals.
  3. 3Abolition of references by Secretary of State.
  4. 4Evidence.
  5. 5Power to order investigations.
  6. 7Appeals in cases of death.
  7. The Commission
  8. 12ACases dealt with by the Court Martial
  9. 12BCases dealt with by the Service Civilian Court
  10. Investigations and assistance
  11. 18AObtaining documents etc from those not serving in public bodies
  12. 20Inquiries by investigating officers.
  13. 21Other powers.
  14. Disclosure of information
  15. 23Offence of disclosure.
  16. Part III: Other Provisions
  17. Powers of magistrates’ courts to rectify mistakes
  18. 28Assessment of compensation.
  19. Part IV: Supplementary
  20. 31Financial provision.
  21. 32Commencement.
  22. 33Extent.
  23. 34Short title.
  24. Membership
  25. 1Paragraph 1
  26. 2Paragraph 2
  27. Members and employees
  28. 3Paragraph 3
  29. 4Paragraph 4
  30. 5Paragraph 5
  31. Procedure
  32. Evidence
  33. 7Paragraph 7
  34. Annual reports and accounts
  35. 9Paragraph 9
  36. 10Paragraph 10
  37. Expenses
  38. 11Paragraph 11
  39. Schedule 2: Minor and consequential amendments
  40. The Army Act 1955 (c.18)
  41. 1Paragraph 1 Repealed
  42. The Air Force Act 1955 (c.19)
  43. 2Paragraph 2 Repealed
  44. The Public Records Act 1958 (c.51)
  45. 3Paragraph 3
  46. 4Paragraph 4
  47. The Courts-Martial (Appeals) Act 1968 (c.20)
  48. 6Paragraph 6
  49. 7Paragraph 7
  50. 9Paragraph 9
  51. 10Paragraph 10
  52. 11Paragraph 11
  53. 12Paragraph 12
  54. 13Paragraph 13
  55. 14Paragraph 14
  56. 15Paragraph 15
  57. 19Paragraph 19

1Leave to appeal etc.

(1)

In the M1Criminal Appeal Act 1968 (“the 1968 Act”), in section 1 (appeal against conviction), for subsection (2) (requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only) substitute—

“(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.”

(2)

In the M2Criminal Appeal (Northern Ireland) Act 1980 (“the 1980 Act”), in section 1 (appeal against conviction subject to requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only), for the words from “conviction” to the end substitute

“conviction—

(a)

with the leave of the Court; or

(b)

if the judge of the court of trial grants a certificate that the case is fit for appeal.”

(3)

In section 12 of the 1968 Act (appeal against verdict of not guilty by reason of insanity subject to requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only), for the words from “against the verdict” to the end substitute

“against the verdict—

(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.”

(4)

In section 12(1) of the 1980 Act (appeal against finding of not guilty on ground of insanity subject to requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only), for the words from “against that finding” to the end substitute

“to the Court of Appeal against the finding—

(a)

with the leave of the Court; or

(b)

if the judge of the court of trial grants a certificate that the case is fit for appeal.”

(5)

In section 15 of the 1968 Act (appeal against finding of disability), for subsection (2) (requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only) substitute—

“(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.”

(6)

In section 13A of the 1980 Act (appeal against finding of unfitness to be tried), for subsection (2) (requirement of leave to appeal or certificate of trial judge unless appeal involves question of law only) substitute—

“(2)

An appeal under this section lies only—

(a)

with the leave of the Court; or

(b)

if the judge of the court of trial grants a certificate that the case is fit for appeal.”

2Grounds for allowing and dismissing appeals.

(1)

In section 2 of the 1968 Act (disposal of appeal against conviction), for subsection (1) (grounds on which Court of Appeal are to allow or dismiss appeal), including the proviso, substitute—

“(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.”

(2)

In section 2 of the 1980 Act (disposal of appeal against conviction), for subsection (1) (grounds on which Court of Appeal is to allow or dismiss appeal), including the proviso, substitute—

“(1)

Subject to the provisions of this Act, the Court of Appeal—

(a)

shall allow an appeal against conviction if it thinks that the conviction is unsafe; and

(b)

shall dismiss such an appeal in any other case.”

(3)

In section 13 of the 1968 Act (disposal of appeal against verdict of not guilty by reason of insanity), for subsections (1) and (2) (grounds on which Court of Appeal are to allow or dismiss appeal) substitute—

“(1)

Subject to the provisions of this section, the Court of Appeal—

(a)

shall allow an appeal under section 12 of this Act if they think that the verdict is unsafe; and

(b)

shall dismiss such an appeal in any other case.”

(4)

In section 12 of the 1980 Act (appeal against finding of not guilty on ground of insanity), for subsections (2) and (3) (grounds on which Court of Appeal is to allow or dismiss appeal) substitute—

“(2)

Subject to subsection (4) below, the Court—

(a)

shall allow an appeal under this section if it thinks that the finding is unsafe; and

(b)

shall dismiss such an appeal in any other case.”

(5)

In section 16 of the 1968 Act (disposal of appeal against finding of disability), for subsection (1) (grounds on which Court of Appeal are to allow or dismiss appeal) substitute—

“(1)

The Court of Appeal—

(a)

shall allow an appeal under section 15 of this Act against a finding if they think that the finding is unsafe; and

(b)

shall dismiss such an appeal in any other case.”

(6)

In section 13A of the 1980 Act (appeal against finding of unfitness to be tried), for subsections (3) and (4) (grounds on which Court of Appeal is to allow or dismiss appeal) substitute—

“(3)

The Court—

(a)

shall allow an appeal under this section if it thinks that the finding is unsafe; and

(b)

shall dismiss such an appeal in any other case (except one to which subsection (5) below applies).”

3Abolition of references by Secretary of State.

Section 17 of the 1968 Act and section 14 of the 1980 Act (which provide for references by Secretary of State to Court of Appeal of cases tried on indictment) shall cease to have effect.

4Evidence.

(1)

In section 23 of the 1968 Act (evidence)—

(a)

in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—

“(c)

receive any evidence which was not adduced in the proceedings from which the appeal lies.”,

(b)

for subsection (2) (duty to receive evidence in certain circumstances) substitute—

“(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.”, and

(c)

in subsection (3), after “any” insert “ evidence of a ”.

(2)

In section 25 of the 1980 Act (evidence)—

(a)

in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—

“(c)

receive any evidence which was not adduced at the trial.”,

(b)

for subsection (2) (duty to receive evidence in certain circumstances) substitute—

“(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 at the trial 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 at the trial.”, and

(c)

in subsection (3), after “any” insert “ evidence of a ”.

5Power to order investigations.

(1)

After section 23 of the 1968 Act insert—

“ Power to order investigations.

23A
(1)

On an 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)

the matter is relevant to the determination of the case and ought, if possible, to be resolved before the case 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.

(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.”

(2)

After section 25 of the 1980 Act insert—

“ Power to order investigations.

25A
(1)

On an 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)

the matter is relevant to the determination of the case and ought, if possible, to be resolved before the case 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.

(2)

A direction by the Court 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.”

7Appeals in cases of death.I1

(1)

Immediately before section 45 of the 1968 Act insert—

“ Appeals in cases of death.

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 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.”

(2)

After section 47 of the 1980 Act insert—

“ Appeals in cases of death.

47A
(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, 8, 9, 12 or 13A of this Act; or

(b)

an appeal under section 31 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 of the dead person;

(b)

a person who is the personal representative (within the meaning of the Wills and Administration Proceedings (Northern Ireland) Order 1994) 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.”

12ACases dealt with by the Court MartialF1

C1(1)

Where a person has been convicted by the Court Martial (including on an appeal brought from the Service Civilian Court), the Commission—

(a)

may at any time refer the conviction to the Court Martial Appeal Court, and

(b)

(whether or not they refer the conviction) may at any time refer to the Court Martial Appeal Court any sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction.

C2(2)

Where a person has been convicted by the Service Civilian Court and sentenced by the Court Martial on an appeal against sentence only, the Commission may at any time refer to the Court Martial Appeal Court that sentence of the Court Martial and any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6).

(3)

A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against the conviction.

(4)

On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial Appeal Court that any related conviction specified in the notice is to be treated as referred to that court under subsection (1).

(5)

A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against—

(a)

the sentence, and

(b)

any other sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction or any related conviction.

(6)

A reference under subsection (2) of a person's sentence shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against—

(a)

the sentence, and

(b)

any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6).

(7)

Where a finding of not guilty by reason of insanity has been made by the Court Martial in the case of a person, the Commission may at any time refer the finding to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 21 of the Court Martial Appeals Act against the finding.

(8)

Where the Court Martial has found that a person is under a disability and that he did the act or made the omission charged against him, the Commission may at any time refer either or both of those findings to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 24 of the Court Martial Appeals Act against the finding or findings referred.

(9)

For the purposes of this section convictions are “related” if they are of the same person in the same proceedings.

12BCases dealt with by the Service Civilian CourtF1

C1(1)

Where a person has been convicted of an offence by the Service Civilian Court, the Commission—

(a)

may at any time refer the conviction to the Court Martial; and

(b)

(whether or not they refer the conviction) may at any time refer to the Court Martial any sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction.

(2)

A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against the conviction (whether or not he pleaded guilty).

(3)

A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against—

(a)

the sentence, and

(b)

any other sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction or any connected conviction.

(4)

On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial that any connected conviction which is specified in the notice is to be treated as referred to the Court Martial under subsection (1).

(5)

On a reference under this section the Court Martial may not impose a sentence more severe than that imposed by the Service Civilian Court.

(6)

For the purposes of this section convictions are “connected” if they are of the same person by the same court on the same day.

18AObtaining documents etc from those not serving in public bodiesF1

(1)

The Crown Court may, on an application by the Commission, order a person to give the Commission access to a document or other material that is in the person's possession or control.

(2)

The court may make an order only if it thinks that the document or other material may assist the Commission in the exercise of any of their functions.

(3)

An order under this section may include provision about the manner in which access must be given, including provision allowing the Commission to take away a document or other material or make copies.

(4)

An order under this section may direct the person against whom it is made not to destroy, damage or alter the document or other material before the direction is withdrawn by the court.

(5)

An order under this section may not be made against a person on whom the Commission could impose a requirement under section 17 (person serving in a public body).

(6)

Subsections (3) and (4) of section 17 apply for the purposes of this section as they apply for the purposes of that section.

20Inquiries by investigating officers.

(1)

A person appointed as the investigating officer in relation to a case shall undertake such inquiries as the Commission may from time to time reasonably direct him to undertake in relation to the case.

(2)

A person appointed as an investigating officer shall be permitted to act as such by the person who is the appropriate person in relation to the public body in which he is serving.

F1(2A)

In the application of subsection (2) in relation to an investigating officer who is serving in a public body mentioned in section 22(4A), the reference in subsection (2) to the person who is the appropriate person in relation to that public body is to be read as including (so far as necessary) a reference to the Provost Marshal for serious crime.

(3)

Where the chief officer of an England and Wales police force appoints a member of the Royal Ulster Constabulary as an investigating officer, the member appointed shall have in England and Wales the same powers and privileges as a member of the police force has there as a constable; and where the Chief Constable of the Royal Ulster Constabulary appoints a member of an England and Wales police force as an investigating officer, the member appointed shall have in Northern Ireland the same powers and privileges as a member of the Royal Ulster Constabulary has there as a constable.

(4)

The Commission may take any steps which they consider appropriate for supervising the undertaking of inquiries by an investigating officer.

(5)

The Commission may at any time direct that a person appointed as the investigating officer in relation to a case shall cease to act as such; but the making of such a direction shall not prevent the Commission from imposing a requirement under section 19 to appoint another investigating officer in relation to the case.

(6)

When a person appointed as the investigating officer in relation to a case has completed the inquiries which he has been directed by the Commission to undertake in relation to the case, he shall—

(a)

prepare a report of his findings,

(b)

submit it to the Commission, and

(c)

send a copy of it to the person by whom he was appointed.

(7)

When a person appointed as the investigating officer in relation to a case submits to the Commission a report of his findings he shall also submit to them any statements, opinions and reports received by him in connection with the inquiries which he was directed to undertake in relation to the case.

21Other powers.

Sections 17 to 20 are without prejudice to the taking by the Commission of any steps which they consider appropriate for assisting them in the exercise of any of their functions including, in particular—

(a)

undertaking, or arranging for others to undertake, inquiries, and

(b)

obtaining, or arranging for others to obtain, statements, opinions and reports.

23Offence of disclosure.

(1)

A person who is or has been a member or employee of the Commission shall not disclose any information obtained by the Commission in the exercise of any of their functions unless the disclosure of the information is excepted from this section by section 24.

(2)

A person who is or has been an investigating officer shall not disclose any information obtained by him in his inquiries unless the disclosure of the information is excepted from this section by section 24.

(3)

A member of the Commission shall not authorise—

(a)

the disclosure by an employee of the Commission of any information obtained by the Commission in the exercise of any of their functions, or

(b)

the disclosure by an investigating officer of any information obtained by him in his inquiries,

unless the authorisation of the disclosure of the information is excepted from this section by section 24.

(4)

A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

28Assessment of compensation.

In section 133 of the M1Criminal Justice Act 1988 (compensation for miscarriages of justice), after subsection (4) insert—

“(4A)

In assessing so much of any compensation payable under this section to or in respect of a person as is attributable to suffering, harm to reputation or similar damage, the assessor shall have regard in particular to—

(a)

the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction;

(b)

the conduct of the investigation and prosecution of the offence; and

(c)

any other convictions of the person and any punishment resulting from them.”

31Financial provision.I1

(1)

There shall be paid out of money provided by Parliament—

(a)

any expenditure of the Secretary of State incurred in connection with the Commission, and

(b)

any increase attributable to this Act in the sums payable under any other Act out of money so provided.

(2)

Any sums received by the Treasury under or by virtue of this Act (so far as not used as an appropriation in aid) shall be paid into the Consolidated Fund.

32Commencement.

P1(1)

This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different provisions or for different purposes.

(2)

An order under subsection (1) may include such transitional provisions and savings as appear to the Secretary of State to be necessary or desirable.

33Extent.

(1)

The provisions of Parts I and III and of Schedules 2 and 3 have the same extent as the enactments which they amend or repeal.

(2)

Section 8 and Schedule 1 and sections 13 to 25 extend only to England and Wales and Northern Ireland.

(3)

Sections 9 and 11 extend only to England and Wales.

(4)

Sections 10 and 12 extend only to Northern Ireland.

F1(5)

Nothing in this section affects the extent of—

(a)

section 12A or 12B;

(b)

section 14(4A) and (4B) so far as relating to the Court Martial Appeal Court; or

(c)

section 14(5) so far as relating to the Service Civilian Court.

(6)

Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas territories) applies in relation to the provisions mentioned in subsection (5) above as it applies in relation to that Act.

34Short title.

This Act may be cited as the Criminal Appeal Act 1995.

1I1

Her Majesty shall, on the recommendation of the Prime Minister, appoint one of the members of the Commission to be the chairman of the Commission.

2I1

(1)

Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member of the Commission, or as chairman of the Commission, in accordance with the terms of his appointment.

(2)

An appointment as a member of the Commission may be full-time or part-time.

(3)

The appointment of a person as a member of the Commission, or as chairman of the Commission, shall be for a fixed period of not longer than five years.

(4)

Subject to sub-paragraph (5), a person whose term of appointment as a member of the Commission, or as chairman of the Commission, expires shall be eligible for re-appointment.

(5)

No person may hold office as a member of the Commission for a continuous period which is longer than ten years.

(6)

A person may at any time resign his office as a member of the Commission, or as chairman of the Commission, by notice in writing addressed to Her Majesty.

(7)

Her Majesty may at any time remove a person from office as a member of the Commission if satisfied—

(a)

that he has without reasonable excuse failed to discharge his functions as a member for a continuous period of three months beginning not earlier than six months before that time,

(b)

that he has been convicted of a criminal offence,

(c)

that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d)

that he is unable or unfit to discharge his functions as a member.

(8)

If the chairman of the Commission ceases to be a member of the Commission he shall also cease to be chairman.

3

(1)

The Commission shall—

(a)

pay to members of the Commission such remuneration,

(b)

pay to or in respect of members of the Commission any such allowances, fees, expenses and gratuities, and

(c)

pay towards the provision of pensions to or in respect of members of the Commission any such sums,

as the Commission are required to pay by or in accordance with directions given by the Secretary of State.

(2)

Where a member of the Commission was, immediately before becoming a member, a participant in a scheme under section 1 of the M1Superannuation Act 1972, the Minister for the Civil Service may determine that his term of office as a member shall be treated for the purposes of the scheme as if it were service in the employment or office by reference to which he was a participant in the scheme; and his rights under the scheme shall not be affected by sub-paragraph (1)(c).

(3)

Where—

(a)

a person ceases to hold office as a member of the Commission otherwise than on the expiry of his term of appointment, and

(b)

it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation,

the Secretary of State may direct the Commission to make to him a payment of such amount as the Secretary of State may determine.

4

(1)

The Commission may appoint a chief executive and such other employees as the Commission think fit, subject to the consent of the Secretary of State as to their number and terms and conditions of service.

(2)

The Commission shall—

(a)

pay to employees of the Commission such remuneration, and

(b)

pay to or in respect of employees of the Commission any such allowances, fees, expenses and gratuities,

as the Commission may, with the consent of the Secretary of State, determine.

(3)

Employment by the Commission shall be included among the kinds of employment to which a scheme under section 1 of the M1Superannuation Act 1972 may apply.

5

The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to paragraph 3(2) or 4(3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

7

A document purporting to be—

(a)

duly executed under the seal of the Commission, or

(b)

signed on behalf of the Commission,

shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

9

(1)

The Commission shall—

(a)

keep proper accounts and proper records in relation to the accounts, and

(b)

prepare a statement of accounts in respect of each financial year of the Commission.

(2)

The statement of accounts shall contain such information and shall be in such form as the Secretary of State may, with the consent of the Treasury, direct.

(3)

The Commission shall send a copy of the statement of accounts to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct.

(4)

The Comptroller and Auditor General shall—

(a)

examine, certify and report on the statement of accounts, and

(b)

lay a copy of the statement of accounts and of his report before each House of Parliament.

10

For the purposes of this Schedule the Commission’s financial year shall be the period of twelve months ending with 31st March; but the first financial year of the Commission shall be the period beginning with the date of establishment of the Commission and ending with the first 31st March which falls at least six months after that date.

11

The Secretary of State shall defray the expenses of the Commission up to such amount as may be approved by him.

1F1

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

2F1

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

3

In the First Schedule to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3, at the appropriate place insert—

“Criminal Cases Review Commission.”

4I1

(1)

The Criminal Appeal Act 1968 shall be amended as follows.

(2)

In section 5 (disposal of appeal against conviction on special verdict), in subsection (1), for “by a person in whose case” substitute “ in a case where ”.

(3)

In section 23 (evidence), in subsections (1) and (4), for “purposes of” substitute “ the purposes of an appeal under ”.

(4)

In section 29 (effect of appeal on sentence), in subsection (2)(c), for “by the Secretary of State under section 17 of this Act” substitute “ under section 9 of the Criminal Appeal Act 1995 ”.

(5)

In section 45 (construction of references to Court of Appeal and single judge)—

(a)

in subsection (1) (references to Court of Appeal), after “II” insert “ and section 44A ”, and

(b)

in subsection (2) (references to single judge), for “and 44” substitute “ , 31A, 44 and 44A ”.

6

In section 4 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (costs awarded by Court of Appeal), at the end insert—

“(5)

Where section 47A of the Criminal Appeal (Northern Ireland) Act 1980 (death of convicted person) applies, any reference in this section to the appellant includes the person approved under that section.”

7

In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act may apply) at the end of the list of “Royal Commissions and other Commissions” insert—

“Criminal Cases Review Commission.”

9

In Schedule 2 to the Juries (Northern Ireland) Order 1974 (exemptions from jury service), in the group headed “Persons concerned with administration of justice)”, at the end insert—

“Members and employees of the Criminal Cases Review Commission.”

10

In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert—

“The Criminal Cases Review Commission”.

11

In the Northern Ireland Assembly Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), at the appropriate place insert—

“The Criminal Cases Review Commission”.

12I1

(1)

The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows.

(2)

In section 16 (notice of appeal or application for leave), in subsection (1), omit “appeal or”.

(3)

In section 25 (evidence), in subsection (1), after “purposes of” insert “ an appeal under ”.

(4)

In section 26 (additional powers of Court), in subsection (1), after “purposes of” insert “ an appeal under ”.

(5)

In section 29 (computation of sentence), in subsection (3)(c), for “section 14 of this Act” substitute “ section 10 of the Criminal Appeal Act 1995 ”.

(6)

In section 45 (powers of the Court of Appeal exercisable by single judge), after subsection (3A) insert—

“(3B)

Subject to section 44(4) above, the power of the Court of Appeal to approve a person under section 47A of this Act may be exercised by a single judge of the Court.”

13

In Article 28(3) of the County Courts (Northern Ireland) Order 1980 (power of county court to increase punishment on appeal), after “1954” insert “ but subject to section 12(6) of the Criminal Appeal Act 1995 ”.

14

In section 48 of the F1Senior Courts Act 1981 (appeals to Crown Court), in subsection (4) (power to award more severe punishment), for “If” substitute “ Subject to section 11(6) of the Criminal Appeal Act 1995, if ”.

15

In section 21(1) of the Prosecution of Offences Act 1985 (interpretation of Part II), before the definition of “defendant’s costs order” insert—

““accused” and “appellant”, in a case where section 44A of the Criminal Appeal Act 1968 (death of convicted person) applies, include the person approved under that section;”.

19

In section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc. of witnesses, jurors and others), in subsection (9), in the definition of “the relevant period”, for “reference under section 17 of the Criminal Appeal Act 1968” substitute “ a reference under section 9 or 11 of the Criminal Appeal Act 1995 ”.