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Changes to^ legislation Criminal^ Appeal Act^1968 is^ up to^ date^ with^ all^ changes known^ to^ he^ in^ force on^ or^ before 27 July 2019 There^ are^ changes that^ may he^ brought into^ force at^ a^ future date^ Changes that^ have^ been^ made^ appear in the content and are referenced with annotations See end (^) of Document (^) for details View (^) outstanding changes
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Criminal Appeal Act 1968
1968 CHAPTER 19
An Act to consolidate certain enactments (^) relating to (^) appeals in criminal cases to the criminal division of the Court of (^) Appeal and thence to the House of Lords (^) [8th May 1968]
Extent Information El Act extends to (^) England and Wales for (^) exceptions in (^) Sch 5 see s 55 3
Modifications etc not altering text
By Criminal^ Justice^ Act^1991 c^53 SIF^39 1 S^101 1 Sch^12 para 23 S^ I^1991 2208 art^2 Sch 1 it is (^) provided 14 10 1991 that in relation to (^) any time before the commencement of s (^) 70 of that 1991 Act which came into force on (^1 10 1992) by S I 1992 333 art 2 2 Sch 2 references in any enactment^ amended^ by that^1991 Act^ to^ youth courts^ shall^ be^ construed^ as^ references^ to^ juvenile courts
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Commencement Information II Act not in force at (^) Royal Assent Act (^) wholly in force at 1 9 1968 see s 55 2
Part I
Appeal to Court of Appeal in Criminal Cases
Appeal against conviction^ on^ indictment
(^1) Right of (^) appeal
1 [F1Subject to subsection 3 below] a person convicted of an offence on indictment
may appeal to^ the^ Court^ of^ Appeal against his^ conviction
[F2 2 An^ appeal under^ this^ section^ lies^ only— a with the leave of the Court of (^) Appeal or
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Criminal (^) Appeal Act 1968 c 19 Part II (^) Appeal to House (^) of Lords (^) from Court (^) ofAppeal Criminal Division Document Generated 2019 07 27
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Changes to^ legislation Criminal^ Appeal Act^1968 is^ up to^ date^ with^ all^ changes known^ to^ he^ in^ force on^ or^ before 27 July 2019 There^ are^ changes that^ may he^ brought into^ force at^ a^ future date^ Changes that^ have^ been^ made^ appear in the content and are referenced with annotations See end (^) of Document (^) for details View (^) outstanding changes
Marginal Citations
M4 1985 c 23 39 1
[F18644A (^) Appeals in^ cases^ of^ death (^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 (^) [F187or (^) 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 ]
Textual Amendments F186 S 44A inserted 1 1 1996 for (^) specified purposes and otherwise (^31 3 1997) by 1995 c 35 s 7 1 S I 1995 3061 art 3 b with art 4 S I 1997 402 art 3 a with art 4 F187 Words in s 44A 3 a inserted (^5 12 2005) by Civil (^) Partnership Act 2004 c 33 s 263 10 b Sch (^27) para 26 S I 2005 3175 art 2 2
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