Sch. 4
defendant may be made to that division or the House for leave to appeal under Part II of this Act shall not be exercisable.
4.—(1) Any application for leave to appeal under Part II of this Act in a case involving sentence of death, and any appeal for which leave is granted on such an application, shall be heard and determined with as much expedition as practicable.
(2) Where an appeal to the criminal division of the Court of Appeal is dismissed in a case involving sentence of death, the sentence shall not in any case be executed until after the expiration of the time within which an application for leave to appeal to the House of Lords may be made; and if such an application is duly made the sentence shall not be executed while that application, and any appeal for which leave is granted thereon, is pending.
(3) Section 34(3) of this Act applies for the construction of this paragraph.
Section 52.SCHEDULE 5
Amendment of Enactments
Part I
Miscellaneous Consequential Amendments
The Prosecution of Offences Act 1879 (c. 22)
Section 2
For the words “under section 1 of the Administration of Justice Act 1960” there shall be substituted the words “under Part II of the Criminal Appeal Act 1968”; and after the section there shall be added the following section:—
- “Duty to appear, when so directed, on criminal appeals.
- 2a.—(1) Without prejudice to the foregoing section, it shall be the duty of the Director of Public Prosecutions to appear for the Crown or the prosecutor, when directed by the court to do so, on any appeal under section 1 of the Administration of Justice Act 1960 (appeal from High Court in criminal cases) or Part I or Part II of the Criminal Appeal Act 1968 (appeals from assizes and quarter sessions to criminal division of the Court of Appeal and thence to House of Lords).
- (2) In subsection (1) of this section “the court” means, in the case of an appeal to or from the criminal division of the Court of Appeal, that division and, in the case of an appeal from a divisional court of the Queen's Bench Division, the divisional court”.
The Supreme Court of Judicature (Consolidation Act 1925) (c. 49)
Section 31(1)
For paragraph (a) there shall be substituted the following paragraph:—
- “(a) except as provided by this Act, the Administration of Justice Act 1960 or the Criminal Appeal Act 1968, from any judgment of the High Court in any criminal cause or matter”.
