Page:Criminal Appeal Act 1968 (UKPGA 1968-19 qp).pdf/8

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Appeal against sentence

9. A person who has been convicted of an offence on indictment may appeal to the Court of Appeal against any sentence (not being a sentence fixed by law) passed on him for the offence, whether passed on his conviction or in subsequent proceedings.

10.—(1) This section has effect for providing rights of appeal against sentence when a person is dealt with by a court of assize or quarter sessions (otherwise than on appeal from a magistrates’ court) for an offence of which he was not convicted on indictment.

(2) The proceedings from which an appeal against sentence lies under this section are those where an offender convicted of an offence by a magistrates’ court—
 * (a) is committed by the court to be dealt with for his offence at assizes or quarter sessions; or
 * (b) having been made the subject of a probation order or an order for conditional discharge or given a suspended sentence, appears or is brought before a court of assize or quarter sessions to be further dealt with for his offence.

(3) An offender dealt with for an offence at assizes or quarter sessions in a proceeding to which subsection (2) of this section applies may appeal to the Court of Appeal against sentence in any of the following cases:—
 * (a) where either for that offence alone or for that offence and other offences for which sentence is passed in the same proceeding, he is sentenced to imprisonment for a term of six months or more; or
 * (b) where the sentence is one which the court convicting him had not power to pass; or
 * (c) where the court in dealing with him for the offence makes in respect of him—
 * (i) a recommendation for deportation; or
 * (ii) an order disqualifying him for holding or obtaining a licence to drive a motor vehicle under Part II of the Road Traffic Act 1960; or
 * (iii) an order under section 40 of the Criminal Justice Act 1967 (orders as to existing suspended sentence when person subject to the sentence is again convicted).

(4) For purposes of subsection (3)(a) of this section, any two or more sentences are to be treated as passed in the same proceeding if
 * (a) they are passed on the same day; or

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