(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.
(4) A single judge may, on an application to him under subsection (5)—
(a) confirm, set aside or vary any procedural directions given by the registrar, and
(b) give such procedural directions as he thinks fit.
(5) An application under this subsection may be made by—
(a) an appellant;
(b) a respondent, if the directions—
(i) relate to an application for leave to appeal and appear to need the respondent’s assistance to give effect to them,
(ii) relate to an application for leave to appeal which is to be determined by the Court of Appeal, or
(iii) relate to an appeal.
(6) In this section—
“appellant” includes a person who has given notice of application for leave to appeal under any of the provisions mentioned in section 31B(5);
“respondent” includes a person who will be a respondent if leave to appeal is granted.
(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.
(1) An appeal lies to the Supreme Court, at the instance of the defendant or the prosecutor, from any decision of the Court of Appeal on an appeal to that court under Part I of this Act or Part 9 of the Criminal Justice Act 2003 or section 9 (preparatory hearings) of the Criminal Justice Act 1987 or section 35 of the Criminal Procedure and Investigations Act 1996 or section 47 of the Criminal Justice Act 2003.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) An appeal lies to the Supreme Court, at the instance of the acquitted person or the prosecutor, from any decision of the Court of Appeal on an application under section 76(1) or (2) of the Criminal Justice Act 2003 (retrial for serious offences).
(2) The appeal lies only with the leave of the Court of Appeal or the Supreme Court; and leave shall not be granted unless it is certified by the Court of Appeal that a point of law of general public importance is involved in the decision and it appears to the Court of Appeal or the Supreme Court (as the case may be) that the point is one which ought to be considered by the Supreme Court.
(3) Except as provided by this Part of this Act and section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court), no appeal shall lie from any decision of the criminal division of the Court of Appeal.
(4) In relation to an appeal under subsection (1B), references in this Part to a defendant are references to the acquitted person.
(1) An application to the Court of Appeal for leave to appeal to the Supreme Court shall be made within the period of 28 days beginning with the relevant date; and an application to the Supreme Court for leave shall be made within the period of 28 days beginning with the date on which the application for leave is refused by the Court of Appeal.
(1A) In subsection (1), “the relevant date” means—
(a) the date of the Court of Appeal’s decision, or
(b) if later, the date on which the Court of Appeal gives reasons for its decision.
(2) The Supreme Court or the Court of Appeal may, upon application made at any time by the defendant or, in the case of an appeal under section 33(1B), by the prosecutor, extend the time within which an application may be made by him to the Supreme Court or the Court of Appeal under subsection (1) above.
(3) An appeal to the Supreme Court shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for purposes of this Part of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.
The Court of Appeal may, subject to section 25 of the Criminal Justice and Public Order Act 1994, if it seems fit, on the application of a person appealing or applying for leave to appeal to the Supreme Court, other than a person appealing or applying for leave to appeal from a decision on an appeal under Part 9 of the Criminal Justice Act 2003 or section 9(11) of the Criminal Justice Act 1987 or section 35 of the Criminal Procedure and Investigations Act 1996 (appeals against orders or rulings at preparatory hearings), or section 47 of the Criminal Justice Act 2003 grant him bail pending the determination of his appeal.
(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 be detained, the Court of Appeal shall make—
(a) an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 36 above), so long as the appeal is pending, or
(b) an order that he be released without bail.
(2A) The Court may make an order under subsection (2)(b) only if they think that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.
(3) An order under subsection (2)(a) shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the Court of Appeal.
(4) Where an order is made under subsection (2)(a) in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of—
(a) an order or direction under Part III of the Mental Health Act 1983 (otherwise than under section 35, 36 or 38 of that Act) (admission to hospital of persons convicted by criminal courts); or
(b) a hospital order made by virtue of section 5(2)(a) of the Criminal Procedure (Insanity) Act 1964 (powers to deal with persons not guilty by reason of insanity or unfit to plead etc),
the order under subsection (2)(a) shall be one authorising his continued detention in pursuance of the order or direction referred to in paragraph (a) or (b) of this subsection; and the provisions of the Mental Health Act 1983 with respect to persons liable to be detained as mentioned in this subsection (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.
(4A) Where an order is made under subsection (2)(a) in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of a remand under section 36 of the Mental Health Act 1983 or an interim hospital order under section 38 of that Act, the order may, if the Court of Appeal thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—
(a) subsection (3) of this section shall not apply to the order;
(b) Part III of the said Act of 1983 shall apply to him as if he had been ordered under this section to be detained in custody so long as an appeal to the House of Lords is pending and were detained in pursuance of a transfer direction together with a restriction direction; and
(c) if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.
(5) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—
(a) the Court of Appeal have made an order under subsection (2)(b), or
(b) the Court have made an order under subsection (2)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).
37A Continuation of community treatment order on appeal by the Crown
(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.
A defendant who has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who is detained pending an appeal to the Supreme Court shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where an order of the Supreme Court authorises him to be present, or where the Supreme Court or the Court of Appeal, as the case may be, give him leave to be present.
(1) Where a person subject to a sentence is granted bail under section 36 or 37 of this Act, the time during which he is released on bail shall be disregarded in computing the term of his sentence.
(2) Subject to the foregoing subsection, any sentence passed on an appeal to the Supreme Court in substitution for another sentence shall, unless the Supreme Court or the Court of Appeal otherwise direct, begin to run from the time when the other sentence would have begun to run.
44 Powers of Court of Appeal under Part II which are exercisable by single judge.
(1) There may be exercised by a single judge—
(a) the powers of the Court of Appeal under this Part of the Act—
(i) to extend the time for making an application for leave to appeal;
(ii) to make an order for or in relation to bail; and
(iii) to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and
(b) their powers to make orders for the payment of costs under sections 16 and 17 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act,
but where the judge refuses an application to exercise any of the said powers the applicant shall be entitled to have the application determined by the Court of Appeal.
(2) The power of the Court of Appeal to suspend a person’s disqualification under section 40(3) of the Road Traffic Offenders Act 1988 may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.
(3) The power of the Court of Appeal, under section 130 of the Licensing Act 2003, to suspend an order under section 129 of that Act may be exercised by a single judge, but where the judge refuses an application to exercise that power the applicant shall be entitled to have the application determined by the Court of Appeal.
(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 or surviving civil partner 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.
45 Construction of references in Parts I and II to Court of Appeal and a single judge.
(1) References in Parts I and II and sections 44A and 51 of this Act to the Court of Appeal shall be construed as references to the criminal division of the Court.
(2) The references in sections 23A, 31 to 31C, 44 and 44A of this Act to a single judge are to any judge of the Court of Appeal or ... the High Court.
(1) In this Act “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender including, in particular—
(a) a hospital order under Part III of the Mental Health Act 1983, with or without a restriction order;
(b) an interim hospital order under that Part;
(bb) a hospital direction and a limitation direction under that Part;
(c) a recommendation for deportation;
(ca) a confiscation order under Part 2 of the Proceeds of Crime Act 2002 ...;
(cb) an order which varies a confiscation order made under Part 2 of the Proceeds of Crime Act 2002 if the varying order is made under section 21, 22 or 29 of that Act (but not otherwise);
(d) a confiscation order under the Drug Trafficking Act 1994 other than one made by the High Court;
(e) a confiscation order under Part VI of the Criminal Justice Act 1988;
(f) an order varying a confiscation order of a kind which is included by virtue of paragraph (d) or (e) above;
(g) an order made by the Crown Court varying a confiscation order which was made by the High Court by virtue of section 19 of the Act of 1994; and
(h) a declaration of relevance, within the meaning of section 23 of the Football Spectators Act 1989; and
(i) an order under section 129(2) of the Licensing Act 2003 (forfeiture or suspension of personal licence).
(1A) Section 82 of the Sentencing Code (under which a conviction of an offence for which ... an order for a conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.
(2) Any power of the criminal division of the Court of Appeal to pass a sentence includes a power to make a recommendation for deportation in cases where the court from which the appeal lies had power to make such a recommendation.
(3) An order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is not a sentence for the purposes of this Act.
(4) A determination made under section 10A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67G of that Act for rights of appeal in relation to such a determination).
(5) A compliance order made under section 13A of the Proceeds of Crime Act 2002 is not a sentence for the purposes of this Act (see section 67H of that Act for rights of appeal in relation to such an order).
(1) In this Act, except where the context otherwise requires—
“appeal”, where used in Part I or II of this Act, means appeal under that Part, and “appellant” has a corresponding meaning and in Part I includes a person who has given notice of application for leave to appeal;
“the court of trial”, in relation to an appeal, means the court from which the appeal lies;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“duly approved”, in relation to a registered medical practitioner, means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State, or by another person by virtue of section 12ZA or 12ZB of that Act, as having special experience in the diagnosis or treatment of mental disorder;
“the judge of the court of trial” means, where the Crown Court comprises justices of the peace, the judge presiding;
“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise;
“under disability” has the meaning assigned to it by section 4 of the Criminal Procedure (Insanity) Act 1964 (unfitness to plead); and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) In Part 2 of this Act “the defendant”—
(a) in relation to an appeal under section 33(1) of this Act against a decision of the Court of Appeal on an appeal under Part 1 of this Act, means the person who was the appellant before the Court of Appeal,
(b) in relation to an appeal under section 33(1) of this Act against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court of Appeal, and
(c) in relation to an appeal under section 33(1B) of this Act, shall be construed in accordance with section 33(4) of this Act;
and... “prosecutor” shall be construed accordingly.
(2) Any expression used in this Act which is defined in section 145(1) and (1AA) of the Mental Health Act 1983 has the same meaning in this Act as in that Act.
(2A) Subsections (2) and (3) of section 54 of the Mental Health Act 1983 shall have effect with respect to proof of the appellant’s mental condition for the purposes of section 6 or 14 of this Act as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The enactments specified in Part I of Schedule 5 to this Act shall be amended as shown in that Schedule.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
(1) This Act may be cited as the Criminal Appeal Act 1968.
(2) This Act shall come into force on the day appointed under section 106(5) of the Criminal 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 Geneva Conventions Act 1957 shall extend to Scotland and Northern Ireland and the repeal by this Act of section 2(2) of the Administration of Justice Act 1960 shall extend to Northern Ireland; but except as aforesaid this Act shll not extend to Scotland or Northern Ireland.
SCHEDULE 2 Procedural and Other Provisions Applicable on Order for Retrial
Section 8.
Evidence
1 On a retrial, paragraphs 1 and 2 of Schedule 2 to the Criminal Procedure and Investigations Act 1996 (use of written statements and depositions) shall not apply to any written statement or deposition read as evidence at the original trial; but a transcript of the record of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence—
(a) by agreement between the prosecution and the defence; or
(b) if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been made without success,
and in either case may be so read without further proof, if verified in accordance with rules of court.
Sentence on conviction at retrial
2 (1) Where a person ordered to be retried is again convicted on retrial, the court before which he is convicted may pass in respect of the offence any sentence authorised by law, not being a sentence of greater severity than that passed on the original conviction.
(2) Without prejudice to its power to impose any other sentence, the court before which an offender is convicted on retrial may pass in respect of the offence any sentence passed in respect of that offence on the original conviction notwithstanding that, on the date of the conviction on retrial, the offender has ceased to be of an age at which such a sentence could otherwise be passed.
(3) Where the person convicted on retrial is sentenced to imprisonment or other detention, the sentence shall begin to run from the time when a like sentence passed at the original trial would have begun to run; but in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be disregarded—
(a) any time before his conviction on retrial which would have been disregarded in computing that term or period if the sentence had been passed at the original trial and the original conviction had not been quashed; and
(b) any time during which he was released on bail under section 8(2) of this Act.
(4) Sections 240ZA and 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Code (crediting of periods of remand in custody or on bail subject to certain types of condition: terms of imprisonment or detention and detention and training orders) shall apply to any sentence imposed on conviction on retrial as if it had been imposed on the original conviction.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Application of Provisions in Part III of Mental Health Act 1983 where Order made under Section 16(3) of this Act
Section 16.
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Order for continued detention under Act of 1983
2 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.
Section 52.
Part I Miscellaneous Consequential Amendments
. . .
. . .
The Sentence of Death (Expectant Mothers) Act 1931 (c. 24)
Section 2(4)
For the words “under the Criminal Appeal Act 1907 to the Court of Criminal Appeal” there shall be substituted the words “under Part I of the Criminal Appeal Act 1968 to the criminal division of the Court of Appeal”.
The Children and Young Persons Act (c. 12)
Section 55(5)
In paragraph (b), for the words “to the Court of Criminal Appeal in accordance with the Criminal Appeal Act 1907” there shall be substituted the words “to the criminal division of the Court of Appeal in accordance with Part I of the Criminal Appeal Act 1968”.
The Costs in Criminal Cases Act 1952 (c. 48)
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 Criminal 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 Prison Act 1952 (c. 52)
Section 22(1)
For the words “the Criminal Appeal Act 1907” there shall be substituted the words “Part I of the Criminal Appeal Act 1968”.
Section 47(4)
In paragraph (c), for the words “the Criminal Appeal Act 1907” there shall be substituted the words “Part I of 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 1960 | Section 2(1)
The Criminal Appeal Act 1968 | Section 34(1)
The Criminal Appeal (Northern Ireland) Act 1968 | Section 37(1)
The Courts-Martial (Appeals) Act 1968 | Section 40(1)
. . .
. . .
The Criminal Justice Administration Act 1962 (c. 15)
Section 18(1)
For the words “section 2(1) of the Criminal Appeal Act 1964” there shall be substituted the words “section 8(1) of the Criminal Appeal Act 1968”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
Part II . . .
Section 53.
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 Interpretation 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 Interpretation 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.