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Criminal Appeal Act 1995
1995 CHAPTER 35
‘Thomson Reuters (Legal) Limited.
UK Statutes Crown Copyright, Reproduced by permission of the Controller of Her Majesty's Stationery Office.
An Act to amend provisions relating to appeals and references to the Court of Appeal in criminal
cases; to establish a Criminal Cases Review Commission and confer functions on, and make other
provision in relation to, the Commission; to amend section 142 of the Magistrates' Courts Act 1980
and introduce in Northern Ireland provisions similar to those of that section; to amend section 133
of the Criminal Justice Act 1988; and for connected purposes.
[19th July 1995]
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows: —
Extent
Preamble: United Kingdom
PARTI
THE COURT OF APPEAL
@ Law In Force
1— Leave to appeal etc.
(1) In the Criminal Appeal Act 1968 (“the 1968 Act”), in section I (appeal against conviction), for
subsection (2) (requirement of leave to appeal or certificate of trial judge unless appeal involves
question of law only) substitute—
“(2) An appeal under this section lies only—
(a) with the leave of the Court of Appeal; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.”
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(2) In the Criminal Appeal (Northern Ireland) Act 1980 (“the 1980 Act”), in section 1 (appeal
against conviction subject to requirement of leave to appeal or certificate of trial judge unless appeal
involves question of law only), for the words from “conviction” to the end substitute
“conviction—
(a) with the leave of the Court; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.”
(3) In section 12 of the 1968 Act (appeal against verdict of not guilty by reason of insanity subject
to requirement of leave to appeal or certificate of trial judge unless appeal involves question of law
only), for the words from “against the verdict” to the end substitute
“against the verdict—
(a) with the leave of the Court of Appeal; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.”
(4) In section 12(1) of the 1980 Act (appeal against finding of not guilty on ground of insanity
subject to requirement of leave to appeal or certificate of trial judge unless appeal involves question
of law only), for the words from “against that finding” to the end substitute
“to the Court of Appeal against the finding—
(a) with the leave of the Court; or
(b) ifthe judge of the court of trial grants a certificate that the case is fit for appeal.”
(5) In section 15 of the 1968 Act (appeal against finding of disability), for subsection (2) (requirement
of leave to appeal or certificate of trial judge unless appeal involves question of law only) substitute—
“(2) An appeal under this section lies only—
(a) with the leave of the Court of Appeal; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.”
(6) In section 13A of the 1980 Act (appeal against finding of unfitness to be tried), for subsection
(2) (requirement of leave to appeal or certificate of trial judge unless appeal involves question of
law only) substitute—
“(2) An appeal under this section lies only—
(a) with the leave of the Court; or
(b) if the judge of the court of trial grants a certificate that the case is fit for appeal.”
Commencement
PtLs, 1(1)-(6); January 1, 1995 january 1, 1996 subject to savings specified in S1 1995/3061 art.4 (SL 1995/3061 art,
3(a), art. 4)
Extent
PtIs. 1(1), (3), (5): England, Wales
PtIs. 1(2), (4), (6): Northern Ireland
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@ Law in Force
2.— Grounds for allowing and dismissing appeals.
(1) In section 2 of the 1968 Act (disposal of appeal against conviction), for subsection (1) (grounds
on which Court of Appeal are to allow or dismiss appeal), including the proviso, substitute—
“(1) Subject to the provisions of this Act, the Court of Appeal—
(a) shall allow an appeal against conviction if they think that the conviction is
unsafe; and
(b) shall dismiss such an appeal in any other case.”
(2) In section 2 of the 1980 Act (disposal of appeal against conviction), for subsection (1) (grounds
on which Court of Appeal is to allow or dismiss appeal), including the proviso, substitute—
“(1) Subject to the provisions of this Act, the Court of Appeal—
(a) shall allow an appeal against conviction if it thinks that the conviction is unsafe;
and
(b) shall dismiss such an appeal in any other case.”
(3) In section 13 of the 1968 Act (disposal of appeal against verdict of not guilty by reason of
insanity), for subsections (1) and (2) (grounds on which Court of Appeal are to allow or dismiss
appeal) substitute—
“(1) Subject to the provisions of this section, the Court of Appeal—
(a) shall allow an appeal under section 12 of this Act if they think that the verdict
is unsafe; and
(b) shall dismiss such an appeal in any other case.”
(4) In section 12 of the 1980 Act (appeal against finding of not guilty on ground of insanity), for
subsections (2) and (3) (grounds on which Court of Appeal is to allow or dismiss appeal) substitute—
“(2) Subject to subsection (4) below, the Court—
(a) shall allow an appeal under this section if it thinks that the finding is unsafe;
and
(b) shall dismiss such an appeal in any other case.”
(5) In section 16of the 1968 Act (disposal of appeal against finding of disability), for subsection
(1) (grounds on which Court of Appeal are to allow or dismiss appeal) substitute—
“(1) The Court of Appeal—
(a) shall allow an appeal under section 15 of this Act against a finding if they think
that the finding is unsafe; and
(b) shall dismiss such an appeal in any other case.”
(6) In section 13A of the 1980 Act (appeal against finding of unfitness to be tried), for subsections
(3) and (4) (grounds on which Court of Appeal is to allow or dismiss appeal) substitute—
“(3) The Court—
(a) shall allow an appeal under this section if it thinks that the finding is unsafe;
and
(b) shall dismiss such an appeal in any other case (except one to which subsection
(5) below applies).”
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Commencement
Pt Ts, 2(1)-(6): January 1, 1996 subject to savings specified in ST 1995/3061 art.4 (SI 1995/3061 art. 3(a), art. 4)
Extent
Pt Ls, 2(1), (3), (5): England, Wales
PtLs, 2(2), (4), (6): Northern Ireland
@ Law In Force
3. Abolition of references by Secretary of State.
Section 17 of the 1968 Act and section 14 of the 1980 Act (which provide for references by Secretary
of State to Court of Appeal of cases tried on indictment) shall cease to have effect.
Commencement
Pts, 3: March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art, 3(a), art.
4)
Extent
Pt Is. 3: England, Wales, Northern Ireland.
@ Law In Force
4— Evidence.
(1) In section 23 of the 1968 Act (evidence)}—
(a) in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—
“(c) receive any evidence which was not adduced in the proceedings from
which the appeal lies.”,
(b) for subsection (2) (duty to receive evidence in certain circumstances) substitute—
“(2) The Court of Appeal shall, in considering whether to receive any evidence,
have regard in particular to—
(a) whether the evidence appears to the Court to be capable of belief;
(b) whether it appears to the Court that the evidence may afford any ground
for allowing the appeal;
(c) whether the evidence would have been admissible in the proceedings
from which the appeal lies on an issue which is the subject of the appeal;
and
(d) whether there is a reasonable explanation for the failure to adduce the
evidence in those proceedings.”
, and
(c) in subsection (3), after “any” insert “evidence of a”.
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(2) In section 25 of the 1980 Act (evidence)—
(a) in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—
“(c) receive any evidence which was not adduced at the trial.”,
(b) for subsection (2) (duty to receive evidence in certain circumstances) substitute—
“(2) The Court of Appeal shall, in considering whether to receive any evidence,
have regard in particular to—
(a) whether the evidence appears to the Court to be capable of belief;
(b) whether it appears to the Court that the evidence may afford any ground
for allowing the appeal;
(c) whether the evidence would have been admissible at the trial on an issue
which is the subject of the appeal; and
(d) whether there is a reasonable explanation for the failure to adduce the
evidence at the trial.”
, and
(c) in subsection (3), after “any” insert “evidence of a”.
Commencement
Pt ts, 4(1)-(2)(c): January 1, 1996 subject to savings specified in ST 1995/3061 art.4 (SI 1995/3061 art, 3(a), art. 4)
Extent
Pt ls. 4(1)-(1)(c): England, Wales
Pt Is, 4(2)-(2)(c): Northern Ireland
@ Law In Force
5.— Power to order investigations.
(1) After section 23 of the 1968 Act insert-—
“23A4.— Power to order investigations.
(1) On an appeal against conviction the Court of Appeal may dircct the Criminal Cases
Review Commission to investigate and report to the Court on any matter if it appears to the
Court that—
(a) the matter is relevant to the determination of the case and ought, if possible, to
be resolved before the case is determined;
(b) an investigation of the matter by the Commission is likely to result in the Court
being able to resolve it; and
(c) the matter cannot be resolved by the Court without an investigation by the
Commission.
(2) A direction by the Court of Appeal under subsection (1) above shall be given in writing
and shall specify the matter to be investigated.
(3) Copies of such a direction shall be made available to the appellant and the respondent.
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(4) Where the Commission have reported to the Court of Appeal on any matter which they
have been directed under subsection (1) above to investigate, the Court.
(a) shall notify the appellant and the respondent that the Commission have reported;
and
(b) may make available to the appellant and the respondent the report of the
Commission and any statements, opinions and reports which accompanied it.”
(2) After section 25 of the 1980 Act insert—
“25A.— Power to order investigations.
(1) On an appeal against conviction the Court of Appeal may direct the Criminal Cases
Review Commission to investigate and report to the Court on any matter if it appears to the
Court that—
(a) the matter is relevant to the determination of the case and ought, if possible, to
be resolved before the case is determined;
(b) an investigation of the matter by the Commission is likely to result in the Court
being able to resolve it; and
(c) the matter cannot be resolved by the Court without an investigation by the
Commission.
(2) A direction by the Court under subsection (1) above shall be given in writing and shall
specify the matter to be investigated.
(3) Copies of such a direction shall be made available to the appellant and the respondent.
(4) Where the Commission have reported to the Court of Appeal on any matter which they
have been directed under subsection (1) above to investigate, the Court—
(a) shall notify the appellant and the respondent that the Commission have reported;
and
(b) may make available to the appellant and the respondent the report of the
Commission and any statements, opinions and reports which accompanied it.”
Commencement
Ptls. 5(1)-(2): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art. 3(a),
art. 4)
Extent
Pris, 5(1): England, Wales
Ptis. :): Northern Ireland
@ Law In Force
6. Powers exercisable by registrar.
After section 31 of the 1968 Act insert—
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“31A.— Powers of Court under Part I which are exercisable by registrar.
(1) The powers of the Court of Appeal under this Part of this Act which are specified in
subsection (2) below may be exercised by the registrar.
(2) The powers mentioned in subsection (1) above are the following—
(a) to extend the time within which notice of appeal or of application for leave to
appeal may be given;
(b) to order a witness to attend for examination; and
(c) to vary the conditions of bail granted to an appellant by the Court of Appeal or
the Crown Court.
(3) No variation of the conditions of bail granted to an appellant may be made by the registrar
unless he is satisfied that the respondent does not object to the variation; but, subject to that,
the powers specified in that subsection are to be exercised by the registrar in the same
manner as by the Court of Appeal and subject to the same provisions.
(4) If the registrar refuses an application on the part of an appellant to exercise in his favour
any of the powers specified in subsection (2) above, the appellant shall be entitled to have
the application determined by a single judge.”
Commencement
Ptis.6: January 1, 1996 subject to savings specified in SI 1995/3061 art.4 (SI 1995/3061 art. 3(a), art. 4)
Extent
Ptls, 6: England, Wales
@ Law In Force
7.— Appeals in cases of death.
(1) Immediately before section 45 of the 1968 Act insert—
“44A4.— 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 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
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(3) Approval for the purposes of this section may only be given to—
(a) the widow or widower of the dead person;
(b) a person who is the personal representative (within the meaning of section
§5(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.”
(2) After section 47 of the 1980 Act insert-—
“47A.— 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, 8, 9, 12 or 13A of this Act; or
(b) an appeal under section 31 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 of the dead person;
(b) a person who is the personal representative (within the meaning of the Wills
and Administration Proceedings (Northern Ireland) Order 1994) 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.
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(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.”
Commencement
Pt Ls. 7(1)-(2): January 1, 1996 for purposes specified in SL 1995/3061 art.3(b) subject to savings specified in SI
1995/3061 art.4; March 31, 1997 otherwise, subject to transitional provisions specified in SI 1997/402 art.4 (SI
1995/3061 art. 4; SL 1997/402 art, 3(b), art. 4)
Extent
Pts. 7(1): England, Wales
Pt Is, 7(2): Northern Ireland
PART II
THE CRIMINAL CASES REVIEW COMMISSION
The Commission
@ Law In Force
8.— The Commission.
(1) There shall be a body corporate to be known as the Criminal Cases Review Commission.
(2) The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any
status, immunity or privilege of the Crown; and the Commission's property shall not be regarded
as property of, or held on behalf of, the Crown.
(3) The Commission shall consist of not fewer than eleven members.
(4) The members of the Commission shall be appointed by Her Majesty on the recommendation
of the Prime Minister.
(5) At least one third of the members of the Commission shall be persons who are legally qualified;
and for this purpose a person is legally qualified if—
(a) he has a ten year general qualification, within the meaning of section 71 of the Courts
and Legal Services Act 1990, or
(b) he is a member of the Bar of Northern Ireland, or solicitor of the Supreme Court of
Northern Ireland, of at least ten years' standing.
(6) At least two thirds of the members of the Commission shall be persons who appear to the Prime
Minister to have knowledge or experience of any aspect of the criminal justice system and of them
at least one shall be a person who appears to him to have knowledge or experience of any aspect
of the criminal justice system in Northern Ireland; and for the purposes of this subsection the
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criminal justice system includes, in particular, the investigation of offences and the treatment of
offenders.
(7) Schedule I (further provisions with respect to the Commission) shall have effect.
Commencement
Pt IIs. 8(1)-(7): December 12, 1996 for the purposes of making recommendations and appointment
otherwise (SI 1996/3041 art, 2: SI 1996/3149 art, 3)
nuary 1, 1997
Extent
Pt Ils, 8(1)-(7): England, Wales, Northern Ireland
References to court
@ Law In Force
9.— Cases dealt with on indictment in England and Wales.
(1) Where a person has been convicted of an offence on indictment in England and Wales, the
Commission—
(a) may at any time refer the conviction to the Court of Appeal, and
(b) (whether or not they refer the conviction) may at any time refer to the Court of Appeal
any sentence (not being a sentence fixed by law) imposed on, or in subsequent proceedings
relating to, the conviction.
(2) A reference under subsection (1) of a person's conviction shall be treated for all purposes as an
appeal by the person under section I of the 1968 Act against the conviction.
(3) A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating
to, a person's conviction on an indictment shall be treated for all purposes as an appeal by the person
under section 9 of the 1968 Act against—
(a) the sentence, and
(b) any other sentence (not being a sentence fixed by law) imposed on, or in subsequent
proceedings relating to, the conviction or any other conviction on the indictment.
(4) On a reference under subsection (1) of a person's conviction on an indictment the Commission
may give notice to the Court of Appeal that any other conviction on the indictment which is specified
in the notice is to be treated as referred to the Court of Appeal under subsection (1).
(5) Where a verdict of not guilty by reason of insanity has been returned in England and Wales in
the case of a person, the Commission may at any time refer the verdict to the Court of Appeal; and
a reference under this subsection shall be treated for all purposes as an appeal by the person under
section 12 of the 1968 Act against the verdict.
(6) Where [in England and Wales there have beenI' findings that a person is under a disability
and that he did the act or made the omission charged against him, the Commission may at any time
refer either or both of those findings to the Court of Appeal; and a reference under this subsection
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shall be treated for all purposes as an appeal by the person under section 15 of the 1968 Act against
the finding or findings referred.
Notes
! Words substituted by Domestic Violence, Crime and Victims Act 2004 c, 28 Sch.10 para.31 (March 31, 2005)
Commencement
Pt Is, 9(1)-(6): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art.
3(c), art. 4)
Extent
Pt Ils, 9(1)-(6): England, Wales
@ Law In Force
10.— Cases dealt with on indictment in Northern Ireland.
(1) Where a person has been convicted of an offence on indictment in Northern Ireland, the
Commission—
(a) may at any time refer the conviction to the Court of Appeal, and
(b) (whether or not they refer the conviction) may at any time refer to the Court of Appeal
any sentence (not being a sentence fixed by law) imposed on, or in subsequent proceedings
relating to, the conviction.
(2) A reference under subsection (1) of a person's conviction shall be treated for all purposes as an
appeal by the person under section I of the 1980 Act against the conviction.
(3) A reference under subsection (1) of'a sentence imposed on, or in subsequent proceedings relating
to, a person's conviction on an indictment section 12 of the 1980 Act against the finding.
(7) Where [in Northern Ireland there has been I' a finding that a person is unfit to be tried, the
Commission may at any time refer the finding to the Court of Appeal; and a reference under this
subsection shall be treated for all purposes as an appeal by the person under section 13A of the
1980 Act against the finding.
Notes
‘Words substituted by Domestic Violence, Crime and Victims Act 2004 c. 28 Sch.10 para,32 (March 31, 2005)
Commencement
Pt ITs. 10(1)-(7): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art.
3(c), art. 4)
Extent
Pt ifs. 10(1)-(7): Northern Ireland
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@ Law in Force
11.— Cases dealt with summarily in England and Wales.
(1) Where a person has been convicted of an offence by a magistrates! court in England and Wales,
the Commission—
(a) may at any time refer the conviction to the Crown Court, and
(b) (Whether or not they refer the conviction) may at any time refer to the Crown Court
any sentence imposed on, or in subsequent proceedings relating to, the conviction.
(2) A reference under subsection (1) of a person's conviction shall be treated for all purposes as an
appeal by the person under section 108(1) of the Magistrates' Courts Act 1980 against the conviction
(whether or not he pleaded guilty).
(3) A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating
to, a person's conviction shall be treated for all purposes as an appeal by the person under section
108(1) of the Magistrates' Courts Act 1980 against—
(a) the sentence, and
(b) any other sentence imposed on, or in subsequent proceedings relating to, the conviction
or any related conviction.
(4) Ona reference under subsection (1) of a person's conviction the Commission may give notice
to the Crown Court that any related conviction which is specified in the notice is to be treated as
referred to the Crown Court under subsection (1).
(5) For the purposes of this section convictions are related if they are convictions of the same person
by the same court on the same day.
(6) Ona reference under this section the Crown Court may not award any punishment more severe
than that awarded by the court whose decision is referred.
(7) The Crown Court may grant bail to a person whose conviction or sentence has been referred
under this section; and any time during which he is released on bail shall not count as part of any
term of imprisonment or detention under his sentence,
Commencement
PrIfs. 11(1)-(7): March 31, 1997 subject to transitional provisions specified in ST 1997/402 art.4 (SI 1997/402 art.
3(c), art. 4)
Extent
Pt ils, 11(1)-(7): England, Wales
@ Law In Force
12.— Cases dealt with summarily in Northern Ireland.
(1) Where a person has been convicted of an offence by a magistrates’ court in Northern Ireland,
the Commission—
(a) may at any time refer the conviction to a county court, and
(b) (whether or not they refer the conviction) may at any time refer to a county court any
sentence imposed on, or in subsequent proceedings relating to, the conviction.
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(2) A reference under subsection (1) of a person's conviction shall be treated for all purposes as an
appeal by the person under Article 140(1) of the Magistrates' Courts (Northern Ireland) Order 1981
against the conviction (whether or not he pleaded guilty).
(3) A reference under subsection (1) ofa sentence imposed on, or in subsequent proceedings relating
to, a person's conviction shall be treated for all purposes as an appeal by the person under Article
140(1) of the Magistrates! Courts (Northern Ireland) Order 1981 against—
(a) the sentence, and
(b) any other sentence imposed on, or in subsequent proceedings relating to, the conviction
or any related conviction.
(4) On a reference under subsection (1) of a person's conviction the Commission may give notice
to the county court that any related conviction which is specified in the notice is to be treated as
referred to the county court under subsection (1).
(5) For the purposes of this section convictions are related if they are convictions of the same person
by the same court on the same day.
(6) On a reference under this section a county court may not award any punishment more severe
than that awarded by the court whose decision is referred.
(7) The High Court may grant bail to a person whose conviction or sentence has been referred to
a county court under this section; and any time during which he is released on bail shall not count
as part of any term of imprisonment or detention under his sentence.
Commencement
Pt Ils. 12(1)-(7): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art.
3(c), art. 4)
Extent
Pt Els. 12(1)-(7): Northern Ireland
@ Law In Force
[12A Cases dealt with by the Court Martial
(1) Where a person has been convicted by the Court Martial (including on an appeal brought from
the Service Civilian Court), the Commission—
(a) may at any time refer the conviction to the Court Martial Appeal Court, and
(b) (whether or not they refer the conviction) may at any time refer to the Court Martial
Appeal Court any sentence (other than one fixed by law) imposed by the Court Martial on,
or in subsequent proceedings relating to, the conviction.
(2) Where a person has been convicted by the Service Civilian Court and sentenced by the Court
Martial on an appeal against sentence only, the Commission may at any time refer to the Court
Martial Appeal Court that sentence of the Court Martial and any other sentence imposed by the
Court Martial in respect of a connected conviction within the meaning given by section 12B(6).
(3) A reference under subsection (1) of a person's conviction shall be treated for all purposes as an
appeal by the person under section 8 of the Court Martial Appeals Act against the conviction.
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(4) On a reference under subsection (1) of a person's conviction, the Commission may give notice
to the Court Martial Appeal Court that any related conviction specified in the notice is to be treated
as referred to that court under subsection (1).
(5) A reference under subsection (1) ofa sentence imposed on, or in subsequent proceedings relating
to, a person's conviction shall be treated for all purposes as an appeal by the person under section
8 of the Court Martial Appeals Act against—
(a) the sentence, and
(b) any other sentence (other than one fixed by law) imposed by the Court Martial on, or
in subsequent proceedings relating to, the conviction or any related conviction.
(6) A reference under subsection (2) of a person's sentence shall be treated for all purposes as an
appeal by the person under section 8 of the Court Martial Appeals Act against—
(a) the sentence, and
(b) any other sentence imposed by the Court Martial in respect of a connected conviction
within the meaning given by section 12B(6).
(7) Where a finding of not guilty by reason of insanity has been made by the Court Martial in the
case of a person, the Commission may at any time refer the finding to the Court Martial Appeal
Court; and a reference under this subsection shall be treated for all purposes as an appeal by the
person under section 21 of the Court Martial Appeals Act against the finding.
(8) Where the Court Martial has found that a person is under a disability and that he did the act or
made the omission charged against him, the Commission may at any time refer either or both of
those findings to the Court Martial Appeal Court; and a reference under this subsection shall be
treated for all purposes as an appeal by the person under section 24 of the Court Martial Appeals
Act against the finding or findings referred.
(9) For the purposes of this section convictions are “related” if they are of the same person in the
same proceedings.
I"
Notes
1 Added by Armed Forces Act 2006 c, 52 Sch.11 para.2 (October 31, 2009)
Extent
Pt Ils. 12A(1)-(9): United Kingdom
@ Law In Force
[12B Cases dealt with by the Service Civilian Court
(1) Where a person has been convicted of an offence by the Service Civilian Court, the Commission—
(a) may at any time refer the conviction to the Court Martial; and
(b) (whether or not they refer the conviction) may at any time refer to the Court Martial
any sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating
to, the conviction.
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(2) A reference under subsection (1) of a person's conviction shall be treated for all purposes as an
appeal by the person under section 285 of the Armed Forces Act 2006 against the conviction
(whether or not he pleaded guilty).
(3) A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating
to, a person's conviction shall be treated for all purposes as an appeal by the person under section
285 of the Armed Forces Act 2006 against—
(a) the sentence, and
(b) any other sentence imposed by the Service Civilian Court on, or in subsequent
proceedings relating to, the conviction or any connected conviction.
(4) Ona reference under subsection (1) of a person's conviction, the Commission may give notice
to the Court Martial that any connected conviction which is specified in the notice is to be treated
as referred to the Court Martial under subsection (1).
(5) On a reference under this section the Court Martial may not impose a sentence more severe
than that imposed by the Service Civilian Court.
(6) For the purposes of this section convictions are “connected” if they are of the same person by
the same court on the same day.
iG
Notes
Added by Armed Forces Act 2006 c, 52 Sch.11 para.2 (October 31, 2009)
Extent
Pt ils. 12B(1)-(6): United Kingdom
@ Law In Force
13.— Conditions for making of references.
(1) A reference of a conviction, verdict, finding or sentence shall not be made under any of [ sections
9 to 12B]' unless—
(a) the Commission consider that there is a real possibility that the conviction, verdict,
finding or sentence would not be upheld were the reference to be made,
(b) the Commission so consider—
(i) in the case of a conviction, verdict or finding, because of an argument, or
evidence, not raised in the proceedings which led to it or on any appeal or application
for leave to appeal against it, or
(ii) in the case of a sentence, because of an argument on a point of law, or
information, not so raised, and
(c) an appeal against the conviction, verdict, finding or sentence has been determined or
leave to appeal against it has been refused.
(2) Nothing in subsection (1)(b)(i) or (c) shall prevent the making of a reference if it appears to the
Commission that there are exceptional circumstances which justify making it.
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Notes
' Word substituted by Armed Forces Act 2006 e. 52 Sch.11 para.3 (October 31, 2009)
Commencement
Pt Ils. 13(1)-(2): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art.
3(¢), art. 4)
Extent
Pt Ils. 13(1)-(2): England, Wales, Northern Ireland
@ Law In Force
14.— Further provisions about references.
(1) A reference of a conviction, verdict, finding or sentence may be made under any of [sections
9 to 12B]' either after an application has been made by or on behalf of the person to whom it
relates or without an application having been so made.
(2) In considering whether to make a reference of a conviction, verdict, finding or sentence under
any of [sections 9 to 12B]* the Commission shall have regard to—
(a) any application or representations made to the Commission by or on behalf of the person
to whom it relates,
(b) any other representations made to the Commission in relation to it, and
(c) any other matters which appear to the Commission to be relevant.
(3) In considering whether to make a reference under [section 9, 10 or 12A]* the Commission
may at any time refer any point on which they desire the assistance of the Court of Appeal [ or,
as the case may be, of the Court Martial Appeal Court] * to that Court for the Court's opinion on
it; and on a reference under this subsection the [court to which the reference is made]* shall
consider the point referred and furnish the Commission with the Court's opinion on the point.
(4) Where the Commission make a reference under any of [ sections 9 to 12B]° the Commission
shall—
(a) give to the court to which the reference is made a statement of the Commission's reasons
for making the reference, and
(b) send a copy of the statement to every person who appears to the Commission to be
likely to be a party to any proceedings on the appeal arising from the reference.
[(4A) Subject to subsection (4B), where a reference under [section 9, 10 or 12A]* is treated as
an appeal against any conviction, verdict, finding or sentence, the appeal may not be on any ground
which is not related to any reason given by the Commission for making the reference.
(4B) The Court of Appeal [ or, as the case may be, the Court Martial Appeal Court]? may give
leave for an appeal mentioned in subsection (4A) to be on a ground relating to the conviction,
verdict, finding or sentence which is not related to any reason given by the Commission for making
the reference. I”
(5) Where a reference under [section 11, 12 or 12B]'° is treated as an appeal against any conviction,
verdict, finding or sentence, the appeal may be on any ground relating to the conviction, verdict,
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finding or sentence (whether or not the ground is related to any reason given by the Commission
for making the reference).
(6) In every case in which—
(a) an application has been made to the Commission by or on behalf of any person for the
reference under any of [sections 9 to 12B]" of any conviction, verdict, finding or sentence,
but
(b) the Commission decide not to make a reference of the conviction, verdict, finding or
sentence,
the Commission shall give a statement of the reasons for their decision to the person who made the
application.
Notes
' Word substituted by Armed Forces Act 2006 c. 52 Sch.11 para.4(2) (October 31, 2009)
Word substituted by Armed Forces Act 2006 ¢, 52 Sch.I1 para.4(3) (October 31, 2009)
Words substituted by Armed Forces Act 2006 ¢, 52 Sch.11 para.4(4)(a) (October 31, 2009)
Words inserted by Armed Forces Act 2006 c. 52 Sch.11 para.4(4)(b) (October 31, 2009)
Words substituted by Armed Forces Act 2006 ¢, 52 Sch.11 para.4(4)(c) (October 31, 2009)
Word substituted by Armed Forces Act 2006 ¢, 52 Sch, 11 para,4(5) (October 31, 2009)
Added by Criminal Justice Act 2003 c. 44 Pt 13 s.315(2) (April 4, 2005)
Words substituted by Armed Forces Act 2006 c. 52 Sch.11 para.4(6) (October 31, 2009)
Words inserted by Armed Forces Act 2006 c. 52 Sch.11 para.4(7) (October 31, 2009)
Words substituted by Armed Forces Act 2006 c. 52 Sch.11 para.4(8) (October 31, 2009)
Word substituted by Armed Forees Act 2006 , 52 Sch.11 para.4(9) (October 31, 2009)
2
3
Commencement
Pt lls, 14(1)-(6)(b): March 31, 1997 subject to transitional provisions specified in ST 1997/402 art.4 (ST 1997/402
art. 3(c), art. 4)
Extent
Pris, 14(1)-(6)(b): England, Wales, Northern Ireland
Investigations and assistance
@ Law nForce
15.— Investigations for Court of Appeal [ and Court Martial Appeal Court]! .
(1) Where a direction I (a “relevant direction”) ]? is given by the Court of Appeal under section
23A(1) of the 1968 Act or section 25A(1) of the 1980 Act [ or by the Court Martial Appeal Court
under section 29A(1) of the Court Martial Appeals Act,]* the Commission shall investigate the
matter specified in the direction in such manner as the Commission think fit.
(2) Where, in investigating a matter specified in such a direction, it appears to the Commission
that—.
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(a) another matter (a “related matter”) which is relevant to the determination of the [ appeal
or application for leave to appeal]* by the [relevant Court]* ought, if possible, to be
resolved before the [ appeal or application for leave to appeal I‘ is determined by that Court,
and
(b) an investigation of the related matter is likely to result in the Court's being able to resolve
it,
the Commission may also investigate the related matter.
(3) The Commission shall—
(a) keep the [relevant Court] informed as to the progress of the investigation of any
matter specified in a [relevant direction ]’ , and
(b) if they decide to investigate any related matter, notify the [relevant Court] * of their
decision and keep the Court informed as to the progress of the investigation.
(4) The Commission shall [report to the relevant Court on the investigation of any matter specified
in a relevant direction]? when—
(a) they complete the investigation of that matter and of any related matter investigated by
them, or
(b) they are directed to do so by the [relevant Court] "* ,
whichever happens first.
(5) A report under subsection (4) shall include details of any inquiries made by or for the Commission
in the investigation of the matter specified in the direction or any related matter investigated by
them.
(6) Such a report shall be accompanied—
(a) by any statements and opinions received by the Commission in the investigation of the
matter specified in the direction or any related matter investigated by them, and
(b) subject to subsection (7), by any reports so received.
(7) Such a report need not be accompanied by any reports submitted to the Comm:
section 20(6) by an investigating officer.
on under
[(8) In this section “relevant Court”, in relation to a direction, means the court that gave the
direction. ] "
Notes.
' Words inserted by Armed Forces Act 2006 ¢. 52 Sch.11 para.5(2) (October 31, 2009)
Words inserted by Armed Forces Act 2006 c, 52 Sch 11 para.5(3\(a) (October 31, 2009)
Words inserted by Armed Forces Act 2006 ¢. 52 Sch.11 para.5(3)(b) (October 31, 2009)
Word substituted by Criminal Justice Act 2003 c, 44 Sch.36(6) para.97 (September 1, 2004)
Words substituted by Armed Forces Act 2006 c. 52 Sch.11 para.5(4) (October 31, 2009)
52 Sch.11 para.5(5)(a)(i) (October 31, 2009)
Words substituted by Armed Forces Act 2006 ¢, 52 Sch.11 para.5(5)(a)(ii) (October 31, 2009)
Words substituted by Armed Forces Act 2006 c. 52 Sch.11 para.5(5)(b) (October 31, 2009)
Words substituted by Armed Forces Act 2006 c. 52 Sch.11 para.5(6)(a) (October 31, 2009)
ct 2006 ¢, 52 Sch.11 para,5(6)(b) (October 31, 2009)
Added by Armed Forces Act 2006 c. 52 Sch.11 para.5(7) (October 31, 2009)
Words substituted by Armed Forces Act 2006 c.
Words substituted by Armed Force:
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Commencement
Pt Ils. 15(1)-(7): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art.
3(c), art. 4)
Extent
Pt Ils, 15(1)-(8): England, Wales, Northern Ireland
@ Law in Force
16.— Assistance in connection with prerogative of mercy.
(1) Where the Secretary of State refers to the Commission any matter which arises in the
consideration of whether to recommend the exercise of Her Majesty's prerogative of mercy in
relation to a conviction and on which he desires their assistance, the Commission shall—
(a) consider the matter referred, and
(b) give to the Secretary of State a statement of their conclusions on it;
and the Secretary of State shall, in considering whether so to recommend, treat the Commission's
statement as conclusive of the matter referred.
(2) Where in any case the Commission are of the opinion that the Secretary of State should consider
whether to recommend the exercise of Her Majesty's prerogative of mercy in relation to the case
they shall give him the reasons for their opinion.
[ (2A) Where the Minister in charge of the Department of Justice in Northern Ireland refers to the
Commission any matter which arises in the consideration of whether Her Majesty's prerogative of
mercy should be exercised on Her behalf under section 23(2) of the Northern Ireland Act 1998 in
relation to a conviction and on which the Minister desires the Commission's assistance, the
Commission shall—
(a) consider the matter referred, and
(b) give to the Minister a statement of their conclusions on it;
and for the purposes of the consideration of whether Her Majesty's prerogative of mercy should be
so exercised, the Commission's statement shall be treated as conclusive of the matter referred.
(2B) Where in any case the Commission are of the opinion that Her Majesty's prerogative of mercy
should be so exercised, they shall give the Minister reasons for their opinion. I '
[ (3) In subscction (1) “conviction” includes a conviction by the Court Martial or the Service Civilian
Court, and in subsection (2) “case” includes the case of such a conviction. I?
Notes
! Added by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010/976 Sch.6 para.6(2)
(April 12, 2010: insertion has effect subject to transitional provision specified in SI 2010/976 art.28)
2 Added by Armed Forces Act 2006 c, 52 Sch.I1 para.6 (October 31, 2009)
Commencement
Pt IIs. 16(1)-(2): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art.
3(C), art. 4)
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Extent
Pt II's. 16(1)-(3): England, Wales, Northern Ireland
Supplementary powers
@ Law In Force
17.— Power to obtain documents etc. [ from those serving in public bodies I '
(1) This section applies where the Commission believe that a person serving in a public body has
possession or control of a document or other material which may assist the Commission in the
exercise of any of their functions.
(2) Where it is reasonable to do so, the Commission may require the person who is the appropriate
person in relation to the public body—
(a) to produce the document or other material to the Commission or to give the Commission
access to it, and
(b) to allow the Commission to take away the document or other material or to make and
take away a copy of it in such form as they think appropriate,
and may direct that person that the document or other material must not be destroyed, damaged or
altered before the direction is withdrawn by the Commission.
(3) The documents and other material covered by this section include, in particular, any document
or other material obtained or created during any investigation or proceedings relating to—
(a) the case in relation to which the Commission's function is being or may be exercised,
or
(b) any other case which may be in any way connected with that case (whether or not any
function of the Commission could be exercised in relation to that other case).
(4) The duty to comply with a requirement under this section is not affected by any obligation of
secrecy or other limitation on disclosure (including any such obligation or limitation imposed by
or by virtue of an enactment) which would otherwise prevent the production of the document or
other material to the Commission or the giving of access to it to the Commission.
Notes
‘Words inserted by Criminal Cases Review Commission (Information) Act 2016 c. 17 s.1(2) (July 12, 2016)
Commencement
Pt lls. 17(1)(4): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art.
3(c), art. 4)
Extent
Pr Ils, 17(1)-(4): England, Wales, Northern Ireland
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@ Law in Force
18.— Government documents ete. relating to current or old cases.
(1) Section 17 does not apply to any document or other material in the possession or control of a
person serving in a government department if the document or other material—
(a) is relevant to a case to which this subsection applies, and
(b) is in the possession or control of the person in consequence of the Secretary of State's
consideration of the case.
(2) Subsection (1) applies to a case if the Secretary of State—
(a) is, immediately before the day on which the repeal by this Act of section 17 of the 1968
Act or of section 14 of the 1980 Act comes into force, considering the case with a view to
deciding whether to make a reference under that section or whether to recommend the
exercise of Her Majesty's prerogative of mercy in relation to a conviction by a magistrates!
court, [...]'
(b) has at any earlier time considered the case with a view to deciding whether to make
such a reference or whether so to recommend [, or]!
[(c) is considering the case, or has at any earlier time considered the case, with a view to
deciding whether to make a reference under section 34 of the Court Martial Appeals Act
or whether to recommend the exercise of Her Majesty's prerogative of mercy in relation to
a conviction by the Court Martial or the Service Civilian Court. I'
(3) The Secretary of State shall give to the Commission any document or other material which—
(a) contains representations made to him in relation to any case to which this subsection
applies, or
(b) was received by him in connection with any such case otherwise than from a person
serving in a government department,
and may give to the Commission any document or other material which is relevant to any such case
but does not fall within paragraph (a) or (b).
(4) Subsection (3) applies to a case if—
(a) the Secretary of State is, immediately before the day on which the repeal by this Act of
section 17 of the 1968 Act or of section 14 of the 1980 Act comes into force, considering
the case with a view to deciding whether to make a reference under that section or whether
to recommend the exercise of Her Majesty's prerogative of mercy in relation to a conviction
by a magistrates court, or
(b) the Secretary of State has at any earlier time considered the case with a view to deciding
whether to make such a reference, or whether so to recommend, and the Commission at
any time notify him that they wish subsection (3) to apply to the case.
[ (5) The Secretary of State shall, if required by the Commission to do so, give to the Commission
any document or other material which—
(a) contains representations made to him in relation to any case to which this subsection
applies, or
(b)_ was received by him in connection with any such case otherwise than from a person
serving in a government department,
and may give to the Commission any document or other material which is relevant to any such case
but does not fall within paragraph (a) or (b).
(6) Subsection (5) applies to a case if the Secretary of State is considering the case, or has at any
earlier time considered the case, as mentioned in subsection (2)(c). I”
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Notes
' Added by Armed Forces Act 2006 c, 52 Sch.11 para.7(2) (October 31, 2009)
2 Added by Armed Forces Act 2006 ¢, 52 Sch.11 para.7(3) (October 31, 2009)
Commencement
Pt II's, 18(1)-(4)(b): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 197/402
art, 3(c), art, 4)
Extent
Pt IIs, 18(1)-(6): England, Wales, Northern Ireland
@ Law In Force
[18A Obtaining documents etc from those not serving in public bodies
(1) The Crown Court may, on an application by the Commission, order a person to give the
Commission access to a document or other material that is in the person's possession or control.
(2) The court may make an order only if it thinks that the document or other material may assist
the Commission in the exercise of any of their functions.
(3) An order under this section may include provision about the manner in which access must be
given, including provision allowing the Commission to take away a document or other material or
make copies.
(4) An order under this section may direct the person against whom it is made not to destroy, damage
or alter the document or other material before the direction is withdrawn by the court.
(5) An order under this section may not be made against a person on whom the Commission could
impose a requirement under section 17 (person serving in a public body).
(6) Subsections (3) and (4) of section 17 apply for the purposes of this section as they apply for the
purposes of that section.
in
Notes
' Added by Criminal Cases Review Commission (Information) Act 2016 c. 17 s.1(1) (July 12, 2016)
Extent
Pt Ils. [8A(1)-(6): England, Wales, Northern Ireland
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@ Law in Force
19.— Power to require appointment of investigating officers.
(1) Where the Commission believe that inquiries should be made for assisting them in the exercise
of any of their functions in relation to any case they may require the appointment of an investigating
officer to carry out the inquiries.
(2) Where any offence to which the case relates was investigated by persons serving in a public
body, a requirement under this section may be imposed—
(a) on the person who is the appropriate person in relation to the public body, or
(b) where the public body has ceased to exist, on any chief officer of police or on the person
who is the appropriate person in relation to any public body which appears to the Commission
to have functions which consist of or include functions similar to any of those of the public
body which has ceased to exist.
[ (2A) Where the Commission has power to impose a requirement under paragraph (a) of subsection
(2) and the public body referred to in that paragraph is mentioned in section 22(4A), that power
includes power to impose the requirement on the Provost Marshal for serious crime (instead of the
person who is the appropriate person in relation to the public body). ]'
(3) Where no offence to which the case relates was investigated by persons serving in a public
body, a requirement under this section may be imposed on any chief officer of police [ or Provost
Marshal I? .
(4) A requirement under this section imposed on a chief officer of police may be—
(a) a requirement to appoint a person serving in the police force in relation to which he is
the chief officer of police, or
(b) a requirement to appoint a person serving [in a body selected by the chief officer which
is—]*
[(@) another police force,
(ii) a service police force, or
(iii) the tri-service serious crime unit. I %
[(4A) A requirement under this section imposed on [the Provost Marshal of a service police
force ]* may be—
(a) a requirement to appoint a person serving in [that service police force ]* , or
[(b) a requirement to appoint a person serving in a body selected by the Provost Marshal
which is—
(i) a police force,
(ii) another service police force, or
(iii) the tri-service serious crime unit.
7
I
[(4B) A requirement under this section imposed on the Provost Marshal for serious crime may
be—
(a) a requirement to appoint a person serving in the tri-service serious crime unit, or
(b) a requirement to appoint a person serving either in a police force selected by the Provost
Marshal or in a service police force selected by the Provost Marshal.
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(5) A requirement under this section [imposed otherwise than on a chief officer of police or a
Provost Marshal may be ]” —
(a) arequirement to appoint a person serving in the public body [ in relation to which the
person on whom the requirement is imposed is the appropriate person] " , or
[(b) a requirement to appoint a person serving in a body selected by the appropriate person
which is—
(i) a police force, a service police force or the tri-service serious crime unit, or
(ii) a public body (not falling within sub-paragraph (i)) having functions which
consist of or include the investigation of offences.
] WW
(6) The Commission may direct—
(a) that a person shall not be appointed, or
(b) that [a body mentioned in subsection (4)(b), (4A)(b), (4B)(b) or (5)(b)]” shall not
be selected,
under subsection (4) [ , (4A) ]°[, (4B)] “ or (5) without the approval of the Commission.
(7) Where an appointment is made under this section by the person who is the appropriate person
in relation to any public body [ or by the Provost Marshal for serious crime I '* , that person shall
inform the Commission of the appointment; and if the Commission are not satisfied with the person
appointed they may direct that—
(a) the person who is the appropriate person in relation to the public body [ or (as the case
requires) the Provost Marshal for serious crime ] '° shall, as soon as is reasonably practicable,
select another person in his place and notify the Commission of the proposal to appoint the
other person, and
(b) the other person shall not be appointed without the approval of the Commission.
[(8) In this section “tri-service serious crime unit" means the unit described in section 375(1A) of
the Armed Forces Act 2006. I ‘7
Notes
‘Added by Armed Forces Act 2021 ¢, 35 Sch.5 para.4(2) (December 5, 2022: 2021 .35 Sch.5 para.4(2) came into
force on May 1, 2022 as specified in SI 2022/471 reg.2(e) for the limited purpose only of conferring power to
make subordinate legislation; December 5, 2022 otherwise)
Words inserted by Armed Forces Act 2006 c, 52 Sch.11 para.8(2) (October 31, 2009)
Words and s,19(4)(b)(i)-(iii) substituted for words by Armed Forces Act 2021 c. 35 Sch.5 para.4(3) (December 5,
2022: 2021 ¢.35 Sch.5 para.4(3) came into force on May 1, 2022 as specified in ST 2022/471 reg.2(e) for the limited
purpose only of conferring power to make subordinate legislation; December 5, 2022 otherwise)
Added by Armed Forces Act 2006 c. 52 Sch. para,8(4) (October 31, 2009)
5 Words substituted by Armed Forces Act 2021 c, 35 Sch.5 para.4(4)(a) (December 5, 2022: 2021 ¢.35 Sch.S
para.4(4)(a) came into force on May 1, 2022 as specified in SI 2022/471 reg.2(e) for the limited purpose only of
conferring power to make subordinate legislation; December 5, 2022 otherwise)
Words substituted by Armed Forces Act 2021 c. 35 Sch.5 para.4(4)(b) (December 5, 2022: 2021 ¢.35 Sch.5
para_4(4)(b) came into force on May 1, 2022 as specified in SI 2022/471 reg.2(e) for the limited purpose only of
conferring power to make subordinate legislation; December 5, 2022 otherwise)
Words and s.9(4A)(b)(i)-iii) substituted for words by Armed Forces Act 2021 c, 35 Sch.5 para.4(4)(c) (December
5, 2022: 2021 ¢.35 Sch.5 para.4(4)(c) came into force on May 1, 2022 as specified in ST 202/471 reg.2(e) for the
limited purpose only of conferring power to make subordinate legislation; December 5, 2022 otherwise)
Added by Armed Forces Act 2021 ¢. 35 Sch.5 para.4(5) (December 5, 2022: 2021 ¢.35 Sch.5 para.4(5) came into
force on May 1, 2022 as specified in $1 2022/471 rey.2(e) for the limited purpose only of conferring power to
make subordinate legislation; December 5, 2022 otherwise)
52
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Words substituted by Armed Forces Act 2006 c. 52 Sch.11 para.8(5)(a) (October 31, 2009)
10 Words inserted by Armed Forces Act 2006 c. 52 Sch.11 para.8(5)(b) (October 31, 2009)
Substituted by Armed Forces Act 2021 ¢, 35 Sch.5 para.4(6) (December 5, 2022: 2021 ¢.35 Sch.5 para.4(6) came
into force on May 1, 2022 ecified in SI 2022/471 reg.2(c) for the limited purpose only of conferring power
to make subordinate legislation; December 5, 2022 otherwisc)
Words substituted by Armed Forces Act 2021 ¢. 35 Sch.5 para.4(7)(a) (December 5, 2022: 2021 ¢.35 Sch.
para.4(7)(a) came into force on May I, 2022 as specified in SI 2022/47! reg.2(e) for the limited purpose only of
conferring power to make subordinate legislation; December 5, 2022 otherwise)
‘3 Word inserted by Armed Forces Act 2006 c. 52 Sch.11 para.8(6)(b) (October 31, 2009)
‘4 Word inserted by Armed Forces Act 2021 ¢. 35 Sch.5 para.4(7)(b) (December 5, 2022: 2021 ¢.35 Sch.5 para.4(7)(b)
came into force on May 1, 2022 as specified in SI 2022/471 reg.2(e) for the limited purpose only of conferring
power to make subordinate legislation; December 5, 2022 otherwise)
18 Words inserted by Armed Forces Act 2021 c. 35 Sch.5 para.4(8)(a) (December 5, 2022: 2021 ¢.35 Sch.5 para.4(8)(a)
came into force on May 1, 2022 as specified in SI 2022/471 reg.2(e) for the limited purpose only of conferring
power to make subordinate legislation; December 5, 2022 otherwise)
'© Words inserted by Armed Forces Act 2021 c. 35 Sch.5 para.4(8)(b) (December 5, 2022: 2021 ¢.35 Sch.5 para.4(8)(b)
came into force on May 1, 2022 as specified in SI 2022/471 reg.2(8)(e) for the limited purpose only of conferring
power to make subordinate legislation; December 5, 2022 otherwise)
17 Added by Armed Forces Act 2021 c, 35 Sch.5 para.4(9) (December 5, 2022: 2021 ¢.35 Sch.5 para.8(9) came into
force on May 1, 2022 as specified in SI 2022/471 reg.2(e) for the limited purpose only of conferring power to
make subordinate legislation; December 5, 2022 otherwise)
Commencement
Pt Is. 19(1)-(7)(b): March 31, 1997 subject to transitional provisions specified in SI] 1997/402 art.4 (SI 1997/402,
art. 3(c), art. 4)
Extent
Pris, 19(1)-(8): England, Wales, Northern Ireland
@ Law in Force
20.— Inquiries by investigating officers.
(1) A person appointed as the investigating officer in relation to a case shall undertake such inquiries
as the Commission may from time to time reasonably direct him to undertake in relation to the
case.
(2) A person appointed as an investigating officer shall be permitted to act as such by the person
who is the appropriate person in relation to the public body in which he is serving.
I (2A) In the application of subsection (2) in relation to an investigating officer who is serving in
a public body mentioned in section 22(4A), the reference in subsection (2) to the person who is the
appropriate person in relation to that public body is to be read as including (so far as necessary) a
reference to the Provost Marshal for serious crime. ]'
(3) Where the chief officer of an England and Wales police force appoints a member of the Royal
Ulster Constabulary as an investigating officer, the member appointed shall have in England and
Wales the same powers and privileges as a member of the police force has there as a constable;
and where the Chief Constable of the Royal Ulster Constabulary appoints a member of an England
and Wales police force as an investigating officer, the member appointed shall have in Northern
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Ireland the same powers and privileges as a member of the Royal Ulster Constabulary has there as
a constable.
(4) The Commission may take any steps which they consider appropriate for supervising the
undertaking of inquiries by an investigating officer.
(5) The Commission may at any time direct that a person appointed as the investigating officer in
relation to a case shall cease to act as such; but the making of such a direction shall not prevent the
Commission from imposing a requirement under section 19 to appoint another investigating officer
in relation to the case.
(6) When a person appointed as the investigating officer in relation to a case has completed the
inquiries which he has been directed by the Commission to undertake in relation to the case, he
shall—
(a) prepare a report of his findings,
(b) submit it to the Commission, and
(c) send a copy of it to the person by whom he was appointed.
(7) When a person appointed as the investigating officer in relation to a case submits to the
Commission a report of his findings he shall also submit to them any statements, opinions and
reports received by him in connection with the inquiries which he was directed to undertake in
relation to the case.
Notes
1 Added by Armed Forces Act 2021 c. 35 Sch.5 para.5 (December 5, 2022: 2021 ¢.35 Sch.5 para.5 came into force
on May 1, 2022 as specified in SI 2022/471 reg.2(e) for the limited purpose only of conferring power to make
subordinate legislation; December 5, 2022 otherwise)
Commencement
Pt Ils. 20(1)-(7): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art.
3(c), art. 4)
Extent
Pt Ils, 20(1)-(7): England, Wales, Northern Ireland
@ Law in Force
21. Other powers.
Sections 17 to 20 are without prejudice to the taking by the Commission of any steps which they
consider appropriate for assisting them in the exercise of any of their functions including, in
particular—
(a) undertaking, or arranging for others to undertake, inquiries, and
(b) obtaining, or arranging for others to obtain, statements, opinions and reports.
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Commencement
Pt II's. 21(a)-(b): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (ST 1997/402 art.
3(c), art. 4)
Extent
Pt It's, 21(a)-(b): England, Wales, Northern Ireland
@ Lawn Force
22.— Meaning of “public body” ete.
(1) In sections 17, 19 and 20 and this section “public body” means —
(a) any police force,
(b) any government department, local authority or other body constituted for purposes of
the public service, local government or the administration of justice, or
(c) any other body whose members are appointed by Her Majesty, any Minister or any
government department or whose revenues consist wholly or mainly of money provided by
Parliament or appropriated by Measure of the Northern Ireland Assembly.
(2) In sections 19 and 20 and this section—
(a) “police force” includes the Royal Ulster Constabulary and the Royal Ulster Constabulary
Reserve [...]' and any body of constables maintained otherwise than by a [local policing
body I”,
[(b) references to the chief officer of police—
(i) inrelation to the [ Police Service of Northern Ireland] * and the [Police Service
of Northern Ireland Reserve ]* , are to the Chief Constable of the Constabulary, [
and]*
(ii) [...]°
(iii) in relation to any other police force maintained otherwise than by a [local
policing body I? , are to the chief constable,
] 3
(c) references to an England and Wales police force are to a police force maintained under
[section 2 of the Police Act 1996]° , the metropolitan police force [ or the City of London
police foree]7[.]*
(d)-(e) [FP
(3) In section 18 and this section—
(a) references to a government department include a Northern Ireland department and the
[Public Prosecution Service for Northern Ireland ]* , and
(b) “Minister” means a Minister of the Crown as defined by section 8 of the Ministers of
the Crown Act 1975 but also includes the head of a Northern Ireland department.
(4) In sections 17, 19 and 20“the appropriate person” means [, subject to subsection (4B) I? —
(a) in relation to a police force, the chief officer of police,
[(aa) in relation to the [ National Crime Agency I" , the Director General of that Agency,
1°
(b) in relation to the Crown Prosecution Service, the Director of Public Prosecutions,
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(c) in relation to the [Public Prosecution Service for Northern Ireland, the Director of
Public Prosecutions for Northern Ireland ] aan
(d) in relation to the Serious Fraud Office, the Director of the Serious Fraud Office,
[(e) in relation to Her Majesty's Revenue and Customs, the Commissioners for Her Majesty's
Revenue and Customs,
(8) [-..1"*
] 13
(g) in relation to any government department not within any of the preceding paragraphs,
the Minister in charge of the department, and
(h) in relation to any public body not within any of the preceding paragraphs, the public
body itself (if it is a body corporate) or the person in charge of the public body (if it is not).
[ (4A) Subsection (4B) applies in relation to—
(a) the Royal Navy, the Royal Marines, the Royal Fleet Reserve, the Royal Naval Reserve
and the Royal Marines Reserve,
(b) the regular army (within the meaning of the Armed Forces Act 2006 ), the [Regular
Reserve] '® and the [ Army Reserve] '” , and
(c) the Royal Air Force, the Royal Air Force Reserve and the Royal Auxiliary Air Force.
(4B) In relation to a public body mentioned in subsection (4A), “the appropriate person” means—
(a) in section 17, the Secretary of State;
(b) in sections 19 and 20—
(i) in the case of a body mentioned in subsection (4A)(a), the Provost Marshal for
the Royal Navy Police,
(ii) in the case of a body mentioned in subsection (4A)(b), the Provost Marshal for
the Royal Military Police,
(iii) in the case of a body mentioned in subsection (4A)(c), the Provost Marshal for
the Royal Air Force Police.
(4C) In section 19“service police force” has the same meaning as in the Armed Forces Act 2006. I *
(5) Ll"
Notes
' Words repealed by Serious Organised Crime and Police Act 2005 ¢. 15 Sch.17(2) para.1 (April 1, 2006 as SI
2006/378)
Words substituted by Police Reform and Social Responsibility Act 2011 c. 13 Sch.16(3) para.218 January 16,
2012)
Substituted by Police Act 1997 c, 50 Sch.9 para,71(2)(b) (April 1, 1998)
Words substituted by Police Act 1997 c. 50 Sch.9 para.71 (November 4, 2001: commenced by an amendment)
5 Repealed by Serious Organised Crime and Police Act 2005 c, 15 Sch.17(2) para.1 (April 1, 2006 as SI 2006/378)
Words substituted by Police Act 1996 c. 16 Sch.7(II) para.47 (March 31, 1997: substitution comes in to force on
August 22, 1996 but cannot take effect until the coming into force of 1995 ¢.35 s.22(2)(c) on March 31, 1997)
Words substituted by Serious Organised Crime and Police Act 2005 c. 15 Sch.4 para.63(2)(c) (April 1, 2006)
Words substituted by Justice (Northern Ireland) Act 2002 c. 26 Sch.12 para.49(2) (June 13, 2005)
Words inserted by Armed Forces Act 2006 c, 52 Sch.11 para.9(2) (October 31, 2009)
Substituted by Serious Organised Crime and Police Act 2005 c, 15 Sch.4 para.63(3) (April 1, 2006)
Words substituted by Crime and Courts Act 2013 ¢, 22 Sch.8(3) para. 186 (October 7, 2013: substitution has effect
as SI 2013/1682 subject to savings and transitional provisions specified in 2013 ¢.22 s.15 and Sch.8)
"2 Words substituted by Justice (Northern Ireland) Act 2002 c, 26 Sch.12 para,49(3) (June 13, 2008)
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'S Substituted by Commissioners for Revenue and Customs Act 2005 c. 11 Sch.4 para.62 (April 18, 2005)
Repealed by Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs
Prosecutions) Order 2014/834 Sch.2 para.10 (March 27, 2014)
Added by Armed Forces Act 2006 c. 52 Sch.11 para.9(3) (October 31, 2009)
‘© Words substituted by Defence Reform Act 2014 c. 20 Pt 3 s.44(3)(a) (October 1, 2014)
Words substituted by Defence Reform Act 2014 c, 20 Pt3 s.44(3)(b) (October 1, 2014)
'* Repealed by Courts Act 2003 ¢. 39 Sch.10 para.1 (April 1, 2005 as SI 2005/9 10)
Commencement
Pt Ils, 22(1)-(5)(b): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402
art. 3(c), art. 4)
Extent
Pt ITs, 22(1)-(5)(b): England, Wales, Northern Ireland
Disclosure of information
@ Lawn Force
23.— Offence of disclosure.
(1) A person who is or has been a member or employee of the Commission shall not disclose any
information obtained by the Commission in the exercise of any of their functions unless the disclosure
of the information is excepted from this section by section 24.
(2) A person who is or has been an investigating officer shall not disclose any information obtained
by him in his inquiries unless the disclosure of the information is excepted from this section by
section 24,
(3) A member of the Commission shall not authorise—
(a) the disclosure by an employee of the Commission of any information obtained by the
Commission in the exercise of any of their functions, or
(b) the disclosure by an investigating officer of any information obtained by him in his
inquiries,
unless the authorisation of the disclosure of the information is excepted from this section by section
24.
(4) A person who contravenes this section is guilty of an offence and liable on summary conviction
to a fine of an amount not exceeding level 5 on the standard scale.
Commencement
Pt Ils, 23(1)44): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art.
3(c), art. 4)
Extent
Pt Is, 23(1)-(4): England, Wales, Norther Ireland
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@ Law In Force
24,— Exceptions from obligations of non-disclosure.
(1) The disclosure of information, or the authorisation of the disclosure of information, is excepted
from section 23 by this section if the information is disclosed, or is authorised to be disclosed—
(a) for the purposes of any criminal, disciplinary or civil proceedings,
(b) in order to assist in dealing with an application made to the Secretary of State [ or the
Department of Justice in Northern Ireland] ' for compensation for a miscarriage of justice,
(c) by a person who is a member or an employee of the Commission either to another person
who is a member or an employee of the Commission or to an investigating officer,
(d) by an investigating officer to a member or an employee of the Commission,
(ec) in any statement or report required by this Act,
(f) in or in connection with the exercise of any function under this Act, or
(g) in any circumstances in which the disclosure of information is permitted by an order
made by the Secretary of State.
(2) The disclosure of information is also excepted from section 23 by this section if the information
is disclosed by an employee of the Commission, or an investigating officer, who is authorised to
disclose the information by a member of the Commission.
(3) The disclosure of information, or the authorisation of the disclosure of information, is also
excepted from section 23 by this section if the information is disclosed, or is authorised to be
disclosed, for the purposes of—
(a) the investigation of an offence, or
(b) deciding whether to prosecute a person for an offence,
unless the disclosure is or would be prevented by an obligation of secrecy or other limitation on
disclosure (including any such obligation or limitation imposed by or by virtue of an enactment)
arising otherwise than under that section.
(4) Where the disclosure of information is excepted from section 23 by subsection (1) or (2), the
disclosure of the information is not prevented by any obligation of secrecy or other limitation on
disclosure (including any such obligation or limitation imposed by or by virtue of an enactment)
arising otherwise than under that section.
(5) The power to make an order under subsection (1)(g) is exercisable by statutory instrument which
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Notes
' Words inserted by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010/976
Sch.6 para.7 (April 12, 2010: insertion has effect subject to transitional provision specified in SI 2010/976 art.28)
Commencement
Pt Ils. 24(1)-(5): March 31, 1997 subject to transitional provisions specified in ST 1997/402 art.4 (ST 1997/402 art.
3(c), art. 4)
Extent
Pris. 24(1)-(5): England, Wales, Northern Ireland
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@ Law In Force
25.— Consent to disclosure.
(1) Where a person on whom a requirement is imposed under section 17[ or by an order under
section 18A]' notifies the Commission that any information contained in any document or other
material to which the requirement relates is not to be disclosed by the Commission without his
prior consent, the Commission shall not disclose the information without such consent.
(2) Such consent may not be withheld unless—
(a) (apart from section 17[ or 18A]*) the person would have been prevented by any
obligation of secrecy or other limitation on disclosure from disclosing the information to
the Commission, and
(b) it is reasonable for the person to withhold his consent to disclosure of the information
by the Commission.
(3) An obligation of secrecy or other limitation on disclosure which applies to a person only where
disclosure is not authorised by another person shall not be taken for the purposes of subsection
(2)(a) to prevent the disclosure by the person of information to the Commission unless—
(a) reasonable steps have been taken to obtain the authorisation of the other person, or
(b) such authorisation could not reasonably be expected to be obtained.
Notes
! Words inserted by Criminal Cases Review Commission (Information) Act 2016 c. 17 s.1(3)(a) (July 12, 2016)
2 Words inserted by Criminal Cases Review Commission (Information) Act 2016 c, 17 s.1(3)(b) (Fuly 12, 2016)
Commencement
Pt Ils, 25(1)-(3)(b): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402
art. 3(0), art. 4)
Extent
Pt Ils. 25(1)-(3)(b): England, Wales, Northern Ireland
PART III
OTHER PROVISIONS
Powers of magistrates' courts to rectify mistakes
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@ Law in Force
26.— Extension of power of courts in England and Wales.
(1) Section 142 of the Magistrates' Courts Act 1980 (power of magistrates' courts to re-open cases
to rectify mistakes etc.) shall be amended as follows.
(2) In subsection (1) (power, subject to subsection (4), to vary or rescind a sentence or other order),
for the words from the beginning to “offender;” substitute “A magistrates' court may vary or rescind
a sentence or other order imposed or made by it when dealing with an offender if it appears to the
court to be in the interests of justice to do so,”.
(3) After that subsection insert-—
“(LA) The power conferred on a magistrates' court by subsection (1) above shall not be
exercisable in relation to any sentence or order imposed or made by it when dealing with
an offender if—
(a) the Crown Court has determined an appeal against—
(i) that sentence or order;
(ii) the conviction in respect of which that sentence or order was imposed
or made; or
(iii) any other sentence or order imposed or made by the magistrates’ court
when dealing with the offender in respect of that conviction (including a
sentence or order replaced by that sentence or order); or
(b) the High Court has determined a case stated for the opinion of that court on any
question arising in any proceeding leading to or resulting from the imposition or
making of the sentence or order.”
(4) In subsection (2) (power, subject to subsection (4), to direct that a person's case be re-heard by
different justices where he pleaded not guilty or the court proceeded in his absence)—
(a) for the words from “found guilty” to “section 11(1) above,” substitute “convicted by a
magistrates' court”, and
(b) omit “, subject to subsection (4) below,”.
(5) After that subsection insert—.
“(2A) The power conferred on a magistrates’ court by subsection (2) above shall not be
exercisable in relation to a conviction if—
(a) the Crown Court has determined an appeal against—
(i) the conviction; or
(ii) any sentence or order imposed or made by the magistrates' court when
dealing with the offender in respect of the conviction; or
(b) the High Court has determined a case stated for the opinion of that court on any
question arising in any proceeding leading to or resulting from the conviction.”
(6) In subsection (3) (effect of directions under subsection (2)), for “finding of guilty” substitute
“conviction”.
(7) Omit subsection (4) (powers in subsections (1) and (2) to be exercisable only within 28 days
of making of sentence or order or finding of guilty and only by a similarly constituted court).
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Commencement
Pt IITs, 26(1)-(7): January 1, 1996 subject to savings specified in ST 1995/3061 art.4 (ST 1995/3061 art. 3(c), art. 4)
Extent
Pt Ills, 26(1)-(7): England, Wales
@ Law In Force
27. Introduction of power in Northern Ireland.
After Article 158 of the Magistrates' Courts (Northern Ireland) Order 1981 insert—
“Power to rectify mistakes etc.
158A.— Power of magistrates' court to re-open cases to rectify mistakes ete.
(1) A magistrates' court may vary or rescind a sentence or other order imposed or made by
it when dealing with an offender if it appears to the court to be in the interests of justice to
do so; and it is hereby declared that this power extends to replacing a sentence or order
which for any reason appears to be invalid by another which the court has power to impose
or make.
(2) The power conferred on a magistrates’ court by paragraph (1) shall not be exercisable
in relation to any sentence or order imposed or made by it when dealing with an offender
if—
(a) the country court has determined an appeal against—.
(i) that sentence or order;
(ii) the conviction in respect of which that sentence or order was imposed
or made; or
(iii) any other sentence or order imposed or made by the magistrates’ court
when dealing with the offender in respect of that conviction (including a
sentence or order replaced by that sentence or order); or
(b) the Court of Appeal has determined a case stated for the opinion of that court
on any question arising in any proceeding leading to or resulting from the imposition
or making of the sentence on order.
(3) Where a person is convicted by a magistrates' court and it subsequently appears to the
court that it would be in the interests of justice that the case should be heard again by another
resident magistrate or another justice of the peace (as the case may be), the court may so
direct.
(4) The power conferred on a magistrates’ court by paragraph (3) shall not be exercisable
in relation to a conviction if—
(a) the county court has determined an appeal against—
(i) the conviction; or
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(ii) any sentence or order imposed or made by the magistrates' court when
dealing with the offender in respect of the conviction; or
(b) the Court of Appeal has determined a case stated for the opinion of that court
on any question arising in any proceeding leading to or resulting from the conviction.
(5) Where a court gives a direction under paragraph (3)—
(a) the conviction and any sentence or other order imposed or made in consequence
of it shall be of no effect; and
(b) Article 47 shall apply as if the trial of the person in question had been adjourned.
(6) Where a sentence or order is varied under paragraph (1), the sentence or other order, as
so varied, shall take effect from the beginning of the day on which it was originally imposed
or made, unless the court otherwise directs.”
Commencement
Pt Ills, 27: January 1, 1996 subject to savings specified in SI 1995/3061 art.4 (SI 1995/3061 art, 3(c), art. 4)
Extent
Pt Il s, 27: Northern Ireland
Compensation for miscarriages of justice
@ Lawn Force
28. Assessment of compensation.
In section 133 of the Criminal Justice Act 1988 (compensation for miscarriages of justice), after
subsection (4) insert—
“(4A) In assessing so much of any compensation payable under this section to or in respect
of a person as is attributable to suffering, harm to reputation or similar damage, the assessor
shall have regard in particular to—
(a) the seriousness of the offence of which the person was convicted and the severity
of the punishment resulting from the conviction;
(b) the conduct of the investigation and prosecution of the offence; and
(c) any other convictions of the person and any punishment resulting from them.”
Commencement
Pt Ills, 28: January 1, 1996 subject to savings specified in SI 1995/3061 art.4 (SI 1995/3061 art. 3(c), art. 4)
Extent
Pt Ills, 28: United Kingdom
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PART IV
SUPPLEMENTARY
@ Lawin Force
29.— Minor and consequential amendments and repeals.
(1) Schedule 2 (minor and consequential amendments) shall have effect.
(2) The enactments specified in Schedule 3 (which include spent provisions) are repealed to the
extent specified in the third column of that Schedule.
Commencement
PLEVs, 29(1)-(2): January 1, 1996 for provisions specified in St 1995/3061 art.3(h)-(i) subject to transitional provisions
specified in SI 1995/3061 art.4; March 31, 1997 otherwise, subject to transitional provisions specified in ST 1997/402
art.4 (ST. 1995/3061 art. 3(d), 3(h), art. 3(i), art. 4; SI 1997/402 art. 3(d), art. 4)
Extent
PLIV s, 29(1)-(2): United Kingdom
@ Law In Force
30.— Interpretation.
(1) In this Act—
“the 1968 Act” means the Criminal Appeal Act 1968,
“the 1980 Act” means the Criminal Appeal (Northern Ireland) Act 1980,
“the Commission” means the Criminal Cases Review Commission,
[‘‘the Court Martial Appeals Act” means the Court Martial Appeals Act 1968, I '
“enactment” includes an enactment comprised in Northern Ireland legislation, and
“investigating officer” means a person appointed under section 19 to carry out inquiries.
(2) In this Act “sentence” —
(a) in section 9 has the same meaning as in the 1968 Act,
(b) in section 10 has the same meaning as in Part I of the 1980 Act,
(c) in section 11 has the same meaning as in section 108 of the Magistrates’ Courts Act
1980, I...)
(d) in section 12 has the same meaning as in Article 140(1) of the Magistrates' Courts
(Northern Ireland) Order 1981 [,]?
[(e) in section 12A has the same meaning as in the Court Martial Appeals Act,
(f) in section 12B has the same meaning as in section 285 of the Armed Forces Act 2006. ]*
Notes
‘Definition inserted by Armed Forces Act 2006 c. 52 Sch. para.10(2) (October 31, 2009)
2 Word repealed by Armed Forces Act 2006 ¢, 52 Sch.17 para. (October 31, 2009 as $I 2009/1167)
Added by Armed Forces Act 2006 c. 52 Sch. para.10(3) (October 31, 2009)
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Commencement
PrIVs, 30(1)-(2)(d): January 1, 1996 subject to transitional provisions specified in SI 1995/3061 art.4 (SI 1995/3061
art. 3(e), art. 4)
Extent
PLIV s, 30(1)-(2)(f): United Kingdom
@ Lawin Force
31.— Financial provision.
(1) There shall be paid out of money provided by Parliament—
(a) any expenditure of the Secretary of State incurred in connection with the Commission,
and
(b) any increase attributable to this Act in the sums payable under any other Act out of
money so provided.
(2) Any sums received by the Treasury under or by virtue of this Act (so far as not used as an
appropriation in aid) shall be paid into the Consolidated Fund.
Commencement
PLIV ss, 31(1): January 1, 1996 (SL 1995/3061 art. 3(1), art. 4)
PtIVs, 31(1)(a): January 1, 1997 (SI 1996/3149 art. 3)
PtIVs. 31(1)(b)-(2): January 1, 1996 subject to transitional provisions specified in SI 1995/3061 art.4 (S1.1995/3061
art. 3(f), art. 4)
Extent
PIV s. 31(1)-(2): United Kingdom
@ Lawin Force
32.— Commencement.
(1) This Act shall come into force on such day as the Secretary of State may by order made by
statutory instrument appoint; and different days may be appointed for different provisions or for
different purposes.
(2) An order under subsection (1) may include such transitional provisions and savings as appear
to the Secretary of State to be necessary or desirable.
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Commencement
PtIV s. 32(1)-(2): January 1, 1996 subject to transitional provisions specified in ST 1995/3061 art.4 (ST 1995/3061
art. 3(g), art. 4)
Extent
PtIV s, 32(1)+(2): United Kingdom
@ Lawn Force
33.— Extent.
(1) The provisions of Parts I and III and of Schedules 2 and 3 have the same extent as the enactments
which they amend or repeal.
(2) Section 8 and Schedule I and sections 13 to 25 extend only to England and Wales and Northern
Ireland.
(3) Sections 9 and I1 extend only to England and Wales.
(4) Sections 10 and 12 extend only to Northern Ireland.
[ (5) Nothing in this section affects the extent of—
(a) section 12A or 12B;
(b) section 14(4A) and (4B) so far as relating to the Court Martial Appeal Court; or
(c) section 14(5) so far as relating to the Service Civilian Court.
(6) Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas
territories) applies in relation to the provisions mentioned in subsection (5) above as it applies in
relation to that Act. ]!
Notes
' Added by Armed Forces Act 2006 c. 52 Sch.11 para.11(1) (October 31, 2009)
Commencement
PIV s. 33(1)-(4): January 1, 1996 subject to transitional provisions specified in SI 1995/3061 art.4 (SI 1995/3061
art. 3(g), art. 4)
Extent
PE IV s, 33(1}+(6); United Kingdom
@ Law in Force
34. Short title.
This Act may be cited as the Criminal Appeal Act 1995.
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Commencement
PtIV s. 34: January 1, 1996 subject to transitional provisions specified in ST 1995/3061 art.4 (ST 1995/3061 art. 3(g),
art. 4)
Extent
PtIV s. 34: United Kingdom
SCHEDULE I
THE COMMISSION: FURTHER PROVISIONS
Section 8
Membership
@ Law in Force
1.
Her Majesty shall, on the recommendation of the Prime Minister, appoint one of the members of
the Commission to be the chairman of the Commission.
Commencement
Sch. I para. 1: December 12, 1996 for the purposes of making recommendations and appointments; January 1, 1997
otherwise (SI 1996/3041 art. 2; SI 1996/3149 art, 3)
Extent
Sch. I para, I: England, Wales, Northern Ireland
@ Law in Force
2—
(1) Subject to the following provisions of this paragraph, a person shall hold and vacate office as
a member of the Commission, or as chairman of the Commission, in accordance with the terms of
his appointment.
(2) An appointment as a member of the Commission may be full-time or part-time.
(3) The appointment of a person as a member of the Commission, or as chairman of the Commission,
shall be for a fixed period of not longer than five years.
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(4) Subject to sub-paragraph (5), a person whose term of appointment as a member of the
Commission, or as chairman of the Commission, expires shall be eligible for re-appointment.
(5) No person may hold office as a member of the Commission for a continuous period which is
longer than ten years.
(6) A person may at any time resign his office as a member of the Commission, or as chairman of
the Commission, by notice in writing addressed to Her Majesty.
(7) Her Majesty may at any time remove a person from office as a member of the Commission if
satisfied—
(a) that he has without reasonable excuse failed to discharge his functions as a member for
a continuous period of three months beginning not earlier than six months before that time,
(b) that he has been convicted of a criminal offence,
(c) that a bankruptcy order has been made against him, or his estate has been sequestrated,
or he has made a composition or arrangement with, or granted a trust deed for, his creditors,
or
(d) that he is unable or unfit to discharge his functions as a member.
(8) If the chairman of the Commission ceases to be a member of the Commission he shall also
cease to be chairman.
Commencement
Sch. 1 para. 2(1)-(8): December 12, 1996 for the purposes of making recommendations and appointments; January 1,
1997 otherwise (SI 1996/3041 art. 2; SI 1996/3149 art. 3)
Extent
Sch. 1 para, 2(1)-(8): England, Wales, Northern Ireland
Members and employees
@ Law In Foree
3.—
(1) The Commission shall—
(a) pay to members of the Commission such remuneration,
(b) pay to or in respect of members of the Commission any such allowances, fees, expenses
and gratuities, and
(c) pay towards the provision of pensions to or in respect of members of the Commission
any such sums,
as the Commission are required to pay by or in accordance with directions given by the Secretary
of State.
(2) Where a member of the Commission was, immediately before becoming a member, a participant
ina scheme under section I of the Superannuation Act 1972, the Minister for the Civil Service may
determine that his term of office as a member shall be treated for the purposes of the scheme as if
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it were service in the employment or office by reference to which he was a participant in the scheme;
and his rights under the scheme shall not be affected by sub-paragraph (1)(c).
(3) Where—
(a) a person ceases to hold office as a member of the Commission otherwise than on the
expiry of his term of appointment, and
(b) it appears to the Secretary of State that there are special circumstances which make it
right for him to receive compensation,
the Secretary of State may direct the Commission to make to him a payment of such amount as the
Secretary of State may determine.
Commencement
Sch. I para, 3(1)-(3)(b): January 1, 1997 (SI 1996/3149 art. 3)
Extent
Sch. 1 para. 3(1)-(3)(b): E
land, Wales, Northern Ireland
@ Law In Force
4—
(1) The Commission may appoint a chief executive and such other employees as the Commission
think fit, subject to the consent of the Secretary of State as to their number and terms and conditions
of service.
(2) The Commission shall—
(a) pay to employees of the Commission such remuneration, and
(b) pay to or in respect of employces of the Commission any such allowances, fees, expenses
and gratuities,
as the Commission may, with the consent of the Secretary of State, determine.
(3) Employment by the Commission shall be included among the kinds of employment to which
a scheme under section I of the Superannuation Act 1972 may apply.
Commencement
Sch, I para, 4(1)-(3): January 1, 1997 (ST 1996/3149 art. 3)
Extent
Sch. I para, 4(1)-(3): England, Wales, Northern Ireland
@ Law in Force
5.
The Commission shall pay to the Minister for the Civil Service, at such times as he may direct;
such sums as he may determine in respect of any increase attributable to paragraph 3(2) or 4(3) in
the sums payable out of money provided by Parliament under the Superannuation Act 1972:
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Commencement
Sch. I para. 5: January 1, 1997 (ST 1996/3149 art. 3)
Extent
Sch, I para, 5: England, Wales, Northern Ireland
Procedure
@ Law In Force
6.—
(1) The arrangements for the procedure of the Commission (including the quorum for meetings)
shall be such as the Commission may determine.
(2) The arrangements may provide for the discharge, under the general direction of the Commission,
of any function of the Commission—
(a) in the case of a function specified in sub-paragraph (3), by a committee consisting of
not fewer than three members of the Commission, and
(b) in any other case, by any committee of, or by one or more of the members or employees
of, the Commission.
(3) The functions referred to in sub-paragraph (2)(a) are—
(a) making a reference to a court under any of sections 9 to 12,
(b) reporting to the Court of Appeal under section 15(4),
(c) giving to the Secretary of State a statement under section 16(1)(b), [.--]'
[(ca) giving to the Minister in charge of the Department of Justice in Northern Ireland a
statement under section 16(2A)(b), and ]'
(d) requiring the appointment of an investigating officer under section 19.
(4) The validity of any proceedings of the Commission (or of any committee of the Commission)
shall not be affected by—
(a) any vacancy among the members of the Commission or in the office of chairman of the
Commission, or
(b) any defect in the appointment of any person as a member of the Commission or as
chairman of the Commission.
(5) Where—
(a) a document or other material has been produced to the Commission under section 17,
or they have been given access to a document or other material under that section, and the
Commission have taken away the document or other material (or a copy of it), and
(b) the person who produced the document or other material to the Commission, or gave
them access to it, has notified the Commission that he considers that its disclosure to others
may be contrary to the interests of national security,
the Commission shall, after consulting that person, deal with the document or material (or copy)
in a manner appropriate for safeguarding the interests of national security.
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Notes
' Added by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010/976 Sch.6 para.8(2)
(April 12, 2010: insertion has effect subject to transitional provision specified in ST 2010/976 art.28)
Commencement
Sch. 1 para, 6(1)-(5)(b): January 1, 1997 (ST 1996/3149 art, 3)
Extent
Sch. 1 para, 6(1)-(5)(b): England, Wales, Northern Ireland
Evidence
@ Law In Force
7.
A document purporting to be—
(a) duly executed under the seal of the Commission, or
(b) signed on behalf of the Commission,
shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
Commencement
Sch. I para, 7(a)-(b): January 1, 1997 (SI 1996/3149 art. 3)
Extent
Sch. I para. 7(a)-(b): England, Wales, Northern Ireland
Annual reports and accounts
@ Law in Force
8—
(1) As soon as possible after the end of each financial year of the Commission, the Commission
shall send to the Secretary of State I and the Department of Justice in Northern Ireland] ' a report
on the discharge of their functions during that year.
(2) Such a report may include an account of the working of the provisions of sections 9 to 25 and
recommendations relating to any of those provisions.
(3) The Secretary of State shall lay before each House of Parliament, and cause to be published, a
copy of every report sent to him under sub-paragraph (1).
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[(4) The Department of Justice shall lay before the Northern Ireland Assembly a copy of every
report sent to the Department of Justice under sub-paragraph (1).
(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954* applies for the purposes of
sub-paragraph (4) in relation to the laying of a copy of a report as it applies in relation to the laying
of a statutory document under an enactment. I?
Notes
' Words inserted by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010/976
Sch.6 para.8(3)(a) (April 12, 2010: insertion has effect subject to transitional provision specified in SI 2010/976
art.28)
Added by Northem Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010/976 Sch.6
para.8(3)(b) (April 12, 2010: insertion has effect subject to transitional provision specified in $I 2010/976 art.28)
3 1954 c, 33 (N.L), Section 41(3) was substituted by S.I. 1999/663.
Commencement
Sch. I para. 8(1)-(3): January 1, 1997 (SI 1996/3149 art. 3)
Extent
Sch, I para. 8(1)-(5): England, Wales, Northern Ireland
@ Law In Force
9
(1) The Commission shall—
(a) keep proper accounts and proper records in relation to the accounts, and
(b) prepare a statement of accounts in respect of each financial year of the Commission.
(2) The statement of accounts shall contain such information and shall be in such form as the
Secretary of State may, with the consent of the Treasury, direct.
(3) The Commission shall send a copy of the statement of accounts to the Secretary of State and
to the Comptroller and Auditor General within such period after the end of the financial year to
which the statement relates as the Secretary of State may direct.
(4) The Comptroller and Auditor General shall—
(a) examine, certify and report on the statement of accounts, and
(b) lay a copy of the statement of accounts and of his report before each House of Parliament.
Commencement
Sch. I para. 9(1)-(4)(b): January 1, 1997 (SI 1996/3149 art. 3)
Extent
Sch, I para, 9(1)-(4)(b): England, Wales, Northern Ireland
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@ Law in Force
10.
For the purposes of this Schedule the Commission's financial year shall be the period of twelve
months ending with 31st March; but the first financial year of the Commission shall be the period
beginning with the date of establishment of the Commission and ending with the first 31st March
which falls at least six months after that date.
Commencement
Sch. I para. 10: January 1, 1997 (SI 1996/3149 art. 3)
Extent
Sch. I para. 10: England, Wales, Northern Ireland
Expenses
@ Law in Force
11.
The Secretary of State shall defray the expenses of the Commission up to such amount as may be
approved by him.
Commencement
Sch, I para, 11: January 1, 1997 (SI 1996/3149 art. 3)
Extent
Sch, I para, 11: England, Wales, Northern Ireland
SCHEDULE 2
MINOR AND CONSEQUENTIAL AMENDMENTS
Section 29
The Army Act 1955 (c.18)
© Repeated
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Notes
' Repealed by Armed Forces Act 1996 c. 46 Sch. 7(II1) para.1 (April 1, 1997 as ST 197/304)
The Air Force Act 1955 (c.19)
© Repealed
2 fl!
Notes.
1 Repealed by Armed Forces Act 1996 c. 46 Sch. 7(II1) para.l (April 1, 1997 as SI 1997/304)
The Public Records Act 1958 (c.51)
@ Lawn Force
3.
In the First Schedule to the Public Records Act 1958 (definition of public records), in Part II of the
Table at the end of paragraph 3, at the appropriate place insert—
“Criminal Cases Review Commission.”
Commencement
Sch, 2 para, 3: March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402 art. 3(e),
art. 4)
Extent
Sch, 2 para, 3: United Kingdom
The Criminal Appeal Act 1968 (c.19)
@ Law In Force
4.—
(1) The Criminal Appeal Act 1968 shall be amended as follows.
(2) In section 5 (disposal of appeal against conviction on special verdict), in subsection (1), for “by
a person in whose case” substitute “in a case where”.
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(3) In section 23 (evidence), in subsections (1) and (4), for “purposes of” substitute “the purposes
of an appeal under”,
(4) In section 29 (effect of appeal on sentence), in subsection (2)(c), for “by the Secretary of State
under section 17 of this Act” substitute “under section 9 of the Criminal Appeal Act 1995”.
(5) In section 45 (construction of references to Court of Appeal and single judge)—
(a) in subsection (1) (references to Court of Appeal), after “II” insert “and section 44A”,
and
(b) in subsection (2) (references to single judge), for “and 44” substitute “, 31A, 44 and
44A”.
Commencement
Sch, 2 para, 4(1)-(3), (5): January 1, 1996 subject to savings specified in SI 1995/3061 art.4 (SI 1995/3061 art, 3(h),
art. 4)
Sch. 2 para, 4(4): March 31, 1997 subject to transitional provisions specified in SI] 1997/402 art.4 (SI 1997/402 art,
3(e), art. 4)
Sch, 2 para, 4(5)(a)-(5)(b): January 1, 1996 subject to transitional provisions specified in SI 1995/3061 art4
Extent
Sch, 2 para, 4(1)-(5)(b): England, Wales
The Courts-Martial (Appeals) Act 1968 (c.20)
@ Law In Force
5.—
(1) The Courts-Martial (Appeals) Act 1968 shall be amended as follows.
(2) In section 12 (disposal of appeal against conviction by court-martial), for subsection (1) (grounds
on which Courts-Martial Appeal Court are to allow or dismiss appeal), including the proviso,
substitute—
“(1) The Appeal Court—
(a) shall allow an appeal against conviction by court-martial if they think that the
conviction is unsafe; and
(b) shall dismiss such an appeal in any other case.”,
and, in the side-note, for “wrong in law, etc” substitute “unsafe”.
(3) In section 28 (evidence}—
(a) in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—
“(c) receive any evidence which was not adduced at the trial.”,
(b) for subsection (2) (duty to receive evidence in certain circumstances) substitute—
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“(2) The Appeal Court shall, in considering whether to receive any evidence, have
regard in particular to—
(a) whether the evidence appears to the Court to be capable of belief;
(b) whether it appears to the Court that the evidence may afford any ground
for allowing the appeal;
(c) whether the evidence would have been admissible at the trial on an issue
which is the subject of the appeal; and
(d) whether there is a reasonable explanation for the failure to adduce the
evidence at the trial.”
, and
(c) in subsection (3), after “any” insert “evidence of a”.
Commencement
Sch, 2 para, 5(1)-(3)(c): January 1, 1996 subject to savings specified in SI 1995/3061 art.4 (SI 1995/3061 art. 3(h),
art. 4)
Extent
Sch. 2 para. 5(1)-(3)(c): United Kingdom
The Costs in Criminal Cases Act (Northern Ireland) 1968 (c.10 (N.L.))
@ Lawn Force
6.
In section 4 of the Costs in Criminal Cases Act (Northern Ireland) 1968 (costs awarded by Court
of Appeal), at the end insert—.
“(5) Where section 47A of the Criminal Appeal (Northern Ireland) Act 1980 (death of
convicted person) applies, any reference in this section to the appellant includes the person
approved under that section.”
Commencement
Sch. 2 para. 6: January 1, 1996 subject to savings specified in ST 1995/3061 art.4 (ST 1995/3061 art. 3(h), art. 4)
Extent
Sch, 2 para. 6: Northern Ireland
The Superannuation Act 1972 (c.11)
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@ Law in Force
7.
In Schedule I to the Superannuation Act 1972 (kinds of employment to which a scheme under
section I of that Act may apply) at the end of the list of “Royal Commissions and other
Commissions” insert—
“Criminal Cases Review Commission.”
Commencement
Sch, 2 para. 7: January 1, 1997 (SI 1996/3149 art. 3)
Extent
Sch, 2 para, 7: United Kingdom
The Juries Act 1974 (c.23)
© Repealed
8. [...1!
Notes
Repealed by Criminal Justice Act 2003 ¢. 44 Sch.37(10) para.1 (April 5, 2004)
The Juries (Northern Ireland) Order 1974 (S.1.1974/2143 (N.1.6))
Qe
9.
In Schedule 2 to the Juries (Northern Ireland) Order 1974 (exemptions from jury service), in the
group headed “Persons concerned with administration of justice, at the end insert—
In Force
“Members and employees of the Criminal Cases Review Commission.”
Commencement
Sch, 2 para. 9: January 1, 1997 (SI 1996/3149 art. 3)
Extent
Sch, 2 para. 9: Northern Ireland
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The House of Commons Disqualification Act 1975 (c.24)
@ Law In Force
10.
In the House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all
members are disqualified), at the appropriate place insert-—
“The Criminal Cases Review Commission”.
Commencement
Sch, 2 para. 10: January 1, 1997 (SI 1996/3149 art, 3)
Extent
Sch, 2 para. 10: Northern Ireland
The Northern Ireland Assembly Disqualification Act 1975 (c.25)
@ Law In Force
ul.
In the Northern Ireland Assembly Disqualification Act 1975, in Part IT of Schedule I (bodies of
which all members are disqualified), at the appropriate place insert—
“The Criminal Cases Review Commission”.
Commencement
Sch. 2 para, II: January 1, 1997 (SI 1996/3149 art. 3)
Extent
Sch, 2 para, 1: Northern Ireland
The Criminal Appeal (Northern Ireland) Act 1980 (c.47)
@ Lawn Force
12.—
(1) The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows.
(2) In section 16 (notice of appeal or application for leave), in subsection (1), omit “appeal or”.
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(3) In section 25 (evidence) in subsection (1), after “purposes of” insert “an appeal under”.
(4) In section 26 (additional powers of Court), in subsection (1), after “purposes of” insert “an
appeal under”.
(5) In section 29 (computation of sentence), in subsection (3)(c), for “section 14 of this Act”
substitute “section 10 of the Criminal Appeal Act 1995”.
(6) In section 45 (powers of the Court of Appeal exercisable by single judge), after subsection (3A)
insert—
“(3B) Subject to section 44(4) above, the power of the Court of Appeal to approve a person
under section 47A of this Act may be exercised by a single judge of the Court.”
Commencement
Sch, 2 para, 12(1)-(4), (6): January 1, 1996 subject to savings specified in SI 1995/3061 art.4 (SI 1995/3061 art. 3(h),
art. 4)
Sch, 2 para. 12(5): March 31, 1997 subject to transitional provisions specified in ST 1997/402 art.4 (SI. 1997/402 art,
3(e), art. 4)
Extent
Sch, 2 para. 12(1)-(6): Northern Ireland
The County Courts (Northern Ireland) Order 1980 (S.I.1980/397 (N.L.3))
@ Law In Force
13.
In Article 28(3) of the County Courts (Northern Ireland) Order 1980 (power of county court to
increase punishment on appeal), after “1954” insert “but subject to section 12(6) of the Criminal
Appeal Act 1995”.
Commencement
Sch, 2 para. 13: March 31, 1997 subject to transitional provisions specified in ST 1997/402 art.4 (ST 1997/402 art.
3(e), art. 4)
Extent
Sch, 2 para. 13: Northern Ireland
The [Senior Courts Act 1981]' (c.54)
Notes
‘Words substituted by Constitutional Reform Act 2005 c. 4 Sch.11(1) para.1(2) (October 1, 2009)
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@ Law In Force
14,
In [section 48 of the Senior Courts Act 1981 ]' (appeals to Crown Court), in subsection (4) (power
to award more severe punishment), for “If” substitute “Subject to section 11(6) of the Criminal
Appeal Act 1995, if”.
Notes
' Words substituted by Constitutional Reform Act 2005 ¢. 4 Sch. (1) para.1(2) (October 1, 2009)
Commencement
Sch. 2 para. 14: March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (ST 1997/402 art.
3(e), art. 4)
Extent
Sch. 2 para. 14: England, Wales
The Prosecution of Offences Act 1985 (c.23)
@ Law In Force
15.
In section 21(1) of the Prosecution of Offences Act 1985 (interpretation of Part IT, before the
definition of “defendant's costs order” insert—
““accused” and “appellant”, in a case where section 44A of the Criminal Appeal
Act 1968 (death of convicted person) applies, include the person approved under
that section;
Commencement
Sch, 2 para, 15: January 1, 1996 subject to savings specified in SI 1995/3061 art.4 (SI 1995/3061 art, 3(h), art. 4)
Extent
Sch. 2 para. 15: England, Wales
The Criminal Justice Act 1988 (c.33)
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@ Law in Force
16.—
(1) The Criminal Justice Act 1988 shall be amended as follows.
(2) In section 32 (evidence through television links), in subsection (1 A) (proceedings where section
applies) —
(a) in paragraph (a), for “section 17 of the Criminal Appeal Act 1968” substitute “section
9 of the Criminal Appeal Act 1995”, and
(b) [---
G3) Ll!
(4) In section 133 (compensation for miscarriages of justice), in subsection (5) (meaning of
“reversed” in relation to a conviction), in paragraph (b) (references), for sub-paragraph (i)
substitute—
“(i) under the Criminal Appeal Act 1995; or”,
and omit sub-paragraph (iii).
Notes
' Repealed by Youth Justice and Criminal Evidence Act 1999 c, 23 Sch.6 para.! (July 24, 2002 as ST 2002/1739)
Commencement
Sch. 2 para. 16(1)-(4): March 31, 1997 subject to transitional provisions specified in SI 1997/402 art.4 (SI 1997/402
art. 3(e), art. 4)
Extent
Sch, 2 para, 16(1)-(4): England, Wales
The Legal Aid Act 1988 (c. 34)
© Repeated
17. [..]!
Notes
1 Repealed by Access to Justice Act 1999 ¢, 22 Sch.15(1) para.1 (April 2, 2001 as SI 2001/916)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.1.1989/1341 (N.1.12))
© Repealed
18.— I...]'
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Repealed by Criminal Evidence (Northern Ireland) Order 1999/2789 Sch.3 para. I (June 30, 2003: repeal has effect
subject to transitional provisions and savings specified in $1/2789 Sch.2 para.2(2))
@ Lawn Force
19.
The Criminal Justice and Public Order Act 1994 (c.33)
In section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc. of witnesses,
jurors and others), in subsection (9), in the definition of “the relevant period”, for “reference under
section 17 of the Criminal Appeal Act 1968” substitute “a reference under section 9 or I1 of the
Criminal Appeal Act 1995”.
Commencement
Sch, 2 para, 19: March 31, 1997 subject to transitional provisions specified in ST 1997/402 art.4 (ST 1997/402 art.
3(e), art. 4)
Extent
Sch. 2 para. 19: England, Wales
SCHEDULE 3
REPEALS
Section 29.
@ Law In Force
Chapter Short title Extent of repeal
1967 ¢.13, The Parliamentary Commissioner Act 1967. IIn Schedule 3, in paragraph 7, the words “the
Court of Appeal,”.
1968 ¢. 19. The Criminal Appeal Act 1968. Section 17.
In section 23(3), the words following
“compellable”,
1968 c.20. The Courts-Martial (Appeals) Act 1968. In section 28(3), the words following
“compellable”,
1977 ¢.45. The Criminal Law Act 1977. Section 44,
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Chapter Short title Extent of repeal
1980 c, 43. The Magistrates’ Courts Act 1980. In section 142, in subsection (2), the words “,
subject to subsection (4) below,” and
subsection (4).
1980 c. 47. The Criminal Appeal (Northern Ireland) Act Section 14.
1980. In section 16(1), the words “appeal or”In
section 25(3), the words following
“compellable”.
In scetion 44(4), the words “14 or”.
1981 ¢, 54, The [Senior Courts Act 1981] ', In Schedule 5, the entries relating to the Army
Act 1955 and the Air Force Act 1955.
S.1. 1986/595. The Mental Health (Northern Ireland) Order IIn Schedule 5, in Part I, the entry relating to
1986. section 14(1) of the Criminal Appeal (Northern
Treland) Act 1980.
1988 c, 33. The Criminal Justice Act 1988, In section 133(5)(b), sub-paragraph (iii) and
the word “or” immediately preceding it,
1991 c. 25. The Criminal Procedure (Insanity and In Schedule 3, paragraphs 3(1) and 4,
Unfitness to Plead) Act 1991.
Notes
' Words substituted by Constitutional Reform Act 2005 c, 4 Sch,11(1) para.1(2) (October 1, 2009)
Commencement
Sch, 3 para. 1: January 1, 1996 for repeals specified in SI 1995/3061 art.3 subject to transitional provisions specified
in ST 1995/3061 art.4; March 31, 1997 otherwise subject to transitional provisions specified in SI 1997/402 art.4. (SI
1995/3061 art, 3(i), art, 4; ST 1997/402 art. 3(f), art. 4)
Extent
Sch, 3 para. 1: United Kingdom
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Provision
Modification
Notes
Further Information
Pt IIs. 12B(1)
Armed Forces Act 2006
(Transitional Provisions etc) Order
2009/1059, Pt 18 art. 184(3)
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Table of Contents
Criminal Appeal Act 1995 ¢. 35.........ccceeece eee eee ene ene ene eet eee eetenseeneneeeeeeetes 1
Preamble 1
Part I THE COURT OF APPEAI 1
@ s. 1 Leave to appeal etc. 1
@ s, 2 Grounds for allowing and dismissing appeals................0.sceeeeeeeee ee ee ene 2
@ s. 3 Abolition of references by Secretary of State 4
@ s, 4 Evidence... 4
@ s. 5 Powcr to order investigation:
@ s. 6 Powers exercisable by registrar........ 0.00. cece ee eee eeeeee eens eeeeeeeeeenennes
@ s.7 Appeals in cases of death.
Part If THE CRIMINAL CASES REVIEW COMMISSIO:
The Commission.
@ s. 8 The Commission. .........0. 0.00 0c cece cece cece cece ee eee eens nenee seen ees 9
References to court.
wweh in
@ s. 9 Cases dealt with on indictment in England and Wale: 10
@ s. 10 Cases dealt with on indictment in Northern Ireland... i
@ s. 11 Cases dealt with summarily in England and Wales.............0.0ceceeeeee es i
@ s, 12 Cases dealt with summarily in Northern Ireland..
@ s, 12A Cases dealt with by the Court Martial
@ s. 12B Cases dealt with by the Service Civilian Court..............2sceeeeeeeeee ee
@ s. 13 Conditions for making of references............ 0 cece eeee eee e eee eeeeeeeenee
@ s. 14 Further provisions about references
Investigations and assistance.
@ s. 15 Investigations for Court of Appeal and Court Martial Appeal Court........... 17
@ s. 16 Assistance in connection with prerogative of mercy. . 19
Supplementary powers. 2
@ s. 17 Power to obtain documents etc. from those serving in public bodies. . . . 20
@ s. 18 Government documents etc. relating to current or old cases.............0-00+ 20
@ s. 18A Obtaining documents etc from those not serving in public bodies. . . 22
@ s. 19 Power to require appointment of investigating officers.
@ s. 20 Inquiries by investigating officers..............00cceeee
@ s. 21 Other powers...... 0... c cece cece cece ee eee eee ene eeeeneeneeeeeneeneeneenees 26
@ s, 22 Meaning of “public body” etc.
Disclosure of information. aes
@ s. 23 Offence of disclosure.......... 000.0 ccc cece c cece eens eee e eee eee ee ee eee 29
@ s. 24 Exceptions from obligations of non-disclosure............0.seeeseeeeeee ences 3
@ s, 25 Consent to disclosure..
Part III OTHER PROVISIONS. .
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Powers of magistrates' courts to rectify mistakes. ..
@ s. 26 Extension of power of courts in England and Wal
@ s. 27 Introduction of power in Northern Ireland..............c0ceeeeeeeneeeeeeeeee
Compensation for miscarriages of justice.
@ s, 28 Assessment of compensation.. 34
Part TV SUPPLEMENTARY. 34
@ s, 29 Minor and consequential amendments and repeals........... 0.6.00 seeeeee ee eee 35
@ s. 30 Interpretation. 35
@ s, 31 Financial provision.. . 36
@ s. 32 Commencement...........cc cece eee ee cence eeee eens ee eeeee eee eneeeenen ene 36
@ s. 33 Extent... oo... e cece eee cece eee eee eee eect ee nese sees eeeeneeaeeeeeeg es
@ s, 34 Short title.
Schedule 1 THE COMMISSION: FURTHER PROVISIONS...
Membership. ...........ccccceccceeeeee cece ee eneeeeeee seen en eeee esse eeennneeneeeeees
@ para. 1..
@ para. 2..
Members and employees. we 3D
@ para. 3 ccc eee ene Ene Ene nee Ente EEE eee 39
@ para. 4.. - 40
@ para. 5 . 40
Procedure.... wee 4D
@ para. 6 eee cece ccc eee cence eee eee serene teense eee ba eee eee e eee 41
Evidence.
@ para. 7
Annual reports and accounts...
@ para.9....
@ para. 10...
EXPOMSCS.... ccc ccsccssccccc casas nesses eee e nnn e ee eee seen enn n ease essen nena neeeseeeens
@ para. 11
Schedule 2 MINOR AND CONSEQUENTIAL AME!
The Army Act 1955 (c.18). .
ee ns
The Air Force Act 1955 (c.19)..
© para. 2..
The Public Records Act 1958 (c.51).. .
@ para. 3 occ eee nee ee ene een e nent bene e ett eee e eens
The Criminal Appeal Act 1968 (c.19)...
@ para.4..
RLIT0000460
RLITO000460
Criminal Appeal Act 1995 Page 58
46
. 46
4
+ AT
47
47
The Juries Act 1974 (c.23). 48
© para. 8 oe eee 48
48
++ 48
The House of Commons Disqualification Act 1975 (c.24)... . 48
@ para. 10 49
The Northern Ireland Assembly Disqualification Act 1975 (¢.25)........seeeeeeeeeee 49
@ para. 11 . 49
The Criminal Appeal (Northern Ireland) Act 1980 (c.47)... . 49
Cs 49
The County Courts (Northern Ireland) Order 1980 (S.1.1980/397 (N.1.3)). 0
@ para. 13 eee eee cence ene eee eens ene e nee ee eee eee
The... ccccccccecceccecceccecceeeceeeecseeeecaecetsesneeeceeceeeeseuetesseeaesetees 50
@ para. 14 «SL
The Prosecution of Offences Act 1985 (c.23). ~ ot
@ para. 15 . SL
The Criminal Justice Act 1988 (c.33).
@ para. 16
The Legal Aid Act 1988 (c. 34). .
© para. 17...
The Police and Cri
(N.1.12))..
© para. 18... wees
The Criminal Justice and Public Order Act 1994 (c.33)....
@ para. 19.....
Schedule 3 REPEALS..
@ para. 1 ..
Modifications.
Table of Contents.
IS I
(Northern Ireland) Order 1989 (S.1.1989/1341
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