Part III Miscellaneous and General
45F1Construction of references in Parts I and II to Court of Appeal and a single judge.
F11
2
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F3248 Appeal in capital cases.
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49 Saving for prerogative of mercy.
Nothing in this Act is to be taken as affecting Her Majesty’s prerogative of mercy.
50 Meaning of “sentence”.
C1F71
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 M1Mental Health Act 1983, with or without a restriction order;
b
an interim hospital order under that Part;
F8bb
a hospital direction and a limitation direction under that Part;
c
a recommendation for deportation;
F34ca
a confiscation order under Part 2 of the Proceeds of Crime Act 2002 F35(but not a determination under section 10A of that Act);
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 F9Drug Trafficking Act 1994 other than one made by the High Court;
e
a confiscation order under Part VI of the M2Criminal 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 F10section 19 of the Act of 1994; and
h
i
an order under section 129(2) of the Licensing Act 2003 (forfeiture or suspension of personal licence).
F111A
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.
F133
An order F23relating 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.
51 Interpretation.
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;
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14“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 StateF38, 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;
F15“the judge of the court of trial” means, where the Crown Court comprises justices of the peace, the judge presiding;
F16“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 F37who holds a licence to practise;
“under disability” has the meaning assigned to it by section 4 of the M4Criminal Procedure (Insanity) Act 1964 (unfitness to plead); and
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F281A
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;
andF33... “prosecutor” shall be construed accordingly.
2
F202A
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 F316 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.
F213
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52 Consequential amendment of enactments. C2
1
The enactments specified in Part I of Schedule 5 to this Act shall be amended as shown in that Schedule.
2
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53 Transitional provisions.
The transitional provisions contained in Schedule 6 to this Act shall have effect.
54 Repeals. C3
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.
55 Short title, commencement and extent.
1
This Act may be cited as the Criminal Appeal Act 1968.
C42
This Act shall come into force on the day appointed under section 106(5) of the M5Criminal 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 M6Geneva Conventions Act 1957 shall extend to Scotland and Northern Ireland and the repeal by this Act of section 2(2) of the M7Administration of Justice Act 1960 shall extend to Northern Ireland; but except as aforesaid this Act shll not extend to Scotland or Northern Ireland.