Page:Criminal Appeal Act 1968 (UKPGA 1968-19 qp).pdf/27

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51.—(1) In this Act, except where the context otherwise requires—
 * “appeal”, where used in Part I or II of this Act, means appeal under that Part, and “appellant” has a corresponding meaning and in Part I includes a person who has given notice of application for leave to appeal;
 * “the court of trial”, in relation to an appeal, means the court from which the appeal lies;
 * “the defendant”, in Part II of this Act, means, in relation to an appeal, the person who was the appellant before the criminal division of the Court of Appeal, and references to the prosecutor shall be construed accordingly;
 * “the judge of the court of trial" means the person who was the judge of that court, whether judge of assize, chairman of quarter sessions, recorder or otherwise;
 * “under disability” has the meaning assigned to it by section 4 of the Criminal Procedure (Insanity) Act 1964 (unfitness to plead); and
 * “recommendation for deportation” means a recommendation under Part II of the Commonwealth Immigrants Act 1962 or under an order made under the Aliens Restriction Act 1914.

(2) Any expression used in this Act which is defined in section 147(1) of the Mental Health Act 1959 has the same meaning in this Act as in that Act.

(3) Part I of this Act applies in relation to proceedings on a coroner’s inquisition, and to matters arising out of such proceedings, as it applies in relation to proceedings on indictment and matters arising out of them.

52.—(1) The enactments specified in Part I of Schedule 5 to this Act shall be amended as shown in that Schedule.

(2) If under section 4 of the Murder (Abolition of Death Penalty) Act 1965 (which provides for the Act to expire on the 31st July 1970, unless Parliament otherwise determines, and for enactments repealed by it to be thereupon revived) the Homicide Act 1957 again operates as though the said Act of 1965 had not been passed, Schedule 1 to the said Act of 1957 shall then operate with the amendments shown in Part II of Schedule 5 to this Act.

53. The transitional provisions contained in Schedule 6 to this Act shall have effect.