Criminal Appeal Act 1968

Section 52.

SCHEDULE 5Amendment of Enactments

PART IMiscellaneous Consequential Amendments

THE PROSECUTION OF OFFENCES ACT 1879 (c. 22)

Section 2

For the words " under section 1 of the Administration of Justice Act 1960" there shall be substituted the words " under Part II of the Criminal Appeal Act 1968 " ; and after the section there shall be added the following section:—

“2ADuty to appear, when so directed, on criminal appeals.

(1)Without prejudice to the foregoing section, it shall be the duty of the Director of Public Prosecutions to appear for the Crown or the prosecutor, when directed by the court to do so, on any appeal under section 1 of the Administration of Justice Act 1960 (appeal from High Court in criminal cases) or Part I or Part II of the Criminal Appeal Act 1968 (appeals from assizes and quarter sessions to criminal division of the Court of Appeal and thence to House of Lords).

(2)In subsection (1) of this section " the court" means, in the case of an appeal to or from the criminal division of the Court of Appeal, that division and, in the case of an appeal from a divisional court of the Queen's Bench Division, the divisional court”.

THE SUPREME COURT OF JUDICATURE (CONSOLIDATION) ACT 1925 (c. 49)

Section 31(1)

For paragraph (a) there shall be substituted the following paragraph:—

“(a)except as provided by this Act, the Administration of Justice Act 1960 or the Criminal Appeal Act 1968, from any judgment of the High Court in any criminal cause or matter”.

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 1933 (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 [1967 c. 80.] 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 :—

“12Regulations.

(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 a 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 [1968 c. 21.] 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.

THE MENTAL HEALTH ACT 1959 (c. 72)

Section 73(2)

In paragraph (a), for the words " under section 1 of the Criminal Appeal Act 1964" there shall be substituted the words " under section 7 of the Criminal Appeal Act 1968

THE ADMINISTRATION OF JUSTICE ACT 1960 (c. 65)

Section 13(6)

For the words " the Criminal Appeal Act 1907, or to a decision of the Court of Criminal Appeal under that Act; and for the purposes of that Act" there shall be substituted the words " Part I of the Criminal Appeal Act 1968, or to a decision of the criminal division of the Court of Appeal under that Part of that Act; and for the purposes of the said Part I ".

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 "

THE CRIMINAL PROCEDURE (INSANITY) ACT 1964 (c. 84)

For Schedule 1 to the Act there shall be substituted the following Schedule:—

“SCHEDULE 1EFFECT OF ORDERS FOR ADMISSION TO HOSPITAL

1(1)An order for admission to hospital under section 5(1) of this Act shall be sufficient authority for any person acting under the authority of the Secretary of State to take the person to whom the order relates and convey him at any time within the period of two months (beginning with the date on which the order was made) to the hospital specified by the Secretary of State.

(2)The court by which any such order as aforesaid is made may give such directions as it thinks fit for the conveyance of a person to whom the order relates to a place of safety and his detention therein pending his admission to the hospital within the said period of two months.

(3)Where a person is admitted within the said period to the hospital specified by the Secretary of State, an order under section 5(1) of this Act shall be sufficient authority for the managers to detain him in the hospital in accordance with sections 60 and 65 of the [1959 c. 72.] Mental Health Act 1959 as applied by the next following paragraph.

2(1)A person who is admitted to a hospital in pursuance of an order under section 5(1) of this Act shall be treated for the purposes of the Mental Health Act 1959 as if he had been so admitted in pursuance of a hospital order made (on the date of the order under section 5(1) of this Act) under section 60 of that Act, together with an order restricting discharge made under section 65 of that Act without limitation of time.

(2)For the purposes of section 5(4) of this Act, a person shall not be treated as detained in pursuance of an order at any time after the Secretary of State has directed (under section 66 of the said Act of 1959) that the said person shall cease to be subject to the special restrictions set out in section 65 of that Act.

(3)In the application of section 63(5) of the Mental Health Act 1959 to orders under section 5(1) of this Act, the proviso to section 63(5) shall have effect as if the reference to a conviction included a reference to a special verdict and to a finding that the accused was under disability.”

THE CRIMINAL APPEAL ACT 1966 (c. 31)

Section 1(2)

For paragraph (b), there shall be substituted the following paragraph:—

“(b)the criminal division which shall, subject to any such rules, exercise—

(i)all jurisdiction of the Court of Appeal under Parts I and II of the Criminal Appeal Act 1968 ; and

(ii)all other jurisdiction which was that of the Court of Criminal Appeal immediately before it ceased to exist (including the jurisdiction to order the issue of writs of venire de novo).”

PART IIAmendments (Prospective) of Homicide Act 1957, Schedule 1

Paragraph 2(3)

For the words " the Criminal Appeal Act 1907 " there shall be substituted the words " Part I of the Criminal Appeal Act 1968 ".

Paragraph 5

For the words " section 18 of the Criminal Appeal Act 1907" there shall be substituted the words " section 46 of the Criminal Appeal Act 1968 ".