Criminal Justice Act 1967

97New provision as to appeal against sentence passed at assizes or quarter sessions.

(1)This section has effect for providing rights of appeal against sentence when a person is dealt with by a court of assize or quarter sessions (otherwise than on appeal from a magistrates' court) for an offence of which he was not convicted on indictment.

(2)The proceedings from which an appeal against sentence lies under this section are those where an offender convicted of an offence by a magistrates' court—

(a)is committed by the court to be dealt with for his offence at assizes or quarter sessions ; or

(b)having been made the subject of a probation order or an order for conditional discharge or given a suspended sentence, appears or is brought before a court of assize or quarter sessions to be further dealt with for his offence.

(3)An offender who, after the commencement of this section, is dealt with for an offence at assizes or quarter sessions in a proceeding to which subsection (2) of this section applies may appeal against sentence in any of the following cases:—

(a)where, either for that offence alone or for that offence and other offences for which sentence is passed in the same proceeding, he is sentenced to imprisonment for a term of six months or more ; or

(b)where the sentence is one which the court convicting him had not power to pass; or

(c)where the court in dealing with him for the offence makes in respect of him—

(i)a recommendation for deportation; or

(ii)an order disqualifying him for holding or obtaining a licence to drive a motor vehicle under Part II of the [1960 c. 16.] Road Traffic Act 1960; or

(iii)an order under section 40 of this Act.

(4)An appeal under this section lies to the criminal division of the Court of Appeal, but only with the leave of that court.

(5)The following enactments, that is to say—

(a)sections 7(1), 9, 11, 14(2), 15(1) and 17 of the [1907 c. 23.] Criminal Appeal Act 1907 (being provisions as to procedure and other incidental matters arising on an appeal); and

(b)sections 5 (evidence) and 6 (computation of sentence) of the [1966 c. 31.] Criminal Appeal Act 1966 ;

shall apply with the necessary modifications in relation to an appeal under this section as they apply in relation to an appeal against sentence passed on conviction on indictment.

(6)Where a court of assize or quarter sessions, in dealing with an offender either on his conviction on indictment or in a proceeding to which subsection (2) of this section applies, has passed on him two or more sentences in the same proceeding, being sentences against which an appeal lies under section 3 of the [1907 c. 23.] Criminal Appeal Act 1907 or this section, an appeal or application for leave to appeal against any one of those sentences shall be treated as an appeal or application in respect of both or all of them ; and for the purposes of this section two or more sentences shall be treated as passed in the same proceeding if—

(a)they are passed on the same day; or

(b)they are passed on different days, but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence.

(7)On an appeal against sentence under this section or section 3 of the Criminal Appeal Act 1907, the Court of Appeal, if it considers that the appellant should be sentenced differently for any offence for which he was dealt with by the court below, may—

(a)quash any sentence or order which is the subject of the appeal; and

(b)in place of it pass such sentence or make such order as it thinks appropriate for the case and as the court below had power to pass or make when dealing with him for the offence;

but the court shall so exercise its powers under this subsection that, taking the case as a whole, the appellant is not more severely dealt with on appeal than he was dealt with by the court below.

(8)The power of the Court of Appeal under the last foregoing subsection to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 40(1) of this Act in respect of a suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that suspended sentence, where the court below—

(a)could have so dealt with him if it had not passed on him a sentence of borstal training quashed by the Court of Appeal under paragraph (a) of the last foregoing subsection; or

(b)did so deal with him in accordance with paragraph (d) of the said subsection (1) by making no order in respect of the suspended sentence.

(9)The term of any sentence passed by the Court of Appeal under this section or under section 5 of the [1907 c. 23.] Criminal Appeal Act 1907 (special powers of Court on appeal against conviction) shall, unless the court otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.

(10)In this section " sentence " has the same meaning as in the Criminal Appeal Act 1907, and " recommendation for deportation " means a recommendation made by a court under Part II of the [1962 c. 21.] Commonwealth Immigrants Act 1962 or under an order made under the [1914 c. 12.] Aliens Restriction Act 1914.