Section 316 Power to substitute conviction of alternative offence on appeal in England and WalesI1

The Criminal Appeal Act 1968 (c. 19) is amended as follows.

In section 3 (power to substitute conviction of alternative offence) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.

After section 3 there is inserted—

“Power to substitute conviction of alternative offence after guilty plea

3A

(1)

This section applies on an appeal against conviction where—

(a)

an appellant has been convicted of an offence to which he pleaded guilty,

(b)

if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and

(c)

it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of the other offence.

(2)

The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea 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.”