Part III.
or offences in question and as if references in section 1(2) of that Act to the committing justices included references to the Court of Appeal.
(5) Sections 18 and 23 of the 1949 c. 51.Legal Aid and Advice Act 1949 (extension of right to free legal aid and provision as to payment for it out of local funds) shall have effect as if for references therein to section 10 of the 1907 c. 23.Criminal Appeal Act 1907 there were substituted references to subsection (1) of this section; and in section 21(a) of that Act (remuneration of solicitors and counsel) for the reference to the said Act of 1907 there shall be substituted a reference to Part I of this Act.
(6) The fees of any counsel, and the expenses and fees of any solicitor, assigned to an appellant under this section shall be defrayed out of local funds within the meaning of the 1952 c. 48.Costs in Criminal Cases Act 1952 up to an amount allowed—
- (a) in the case of an appeal under Part I of this Act by the criminal division of the Court of Appeal; and
- (b) in the case of an appeal under Part II of this Act by the House of Lords or by such officer or officers of that House as may be prescribed by order of the House;
and references in section 12 of the said Act of 1952 (regulations) to the associated provisions of this Act shall be construed as including references to this subsection.
(7) This section is hereby repealed as from the day appointed under section 106(5) of the 1967 c. 80.Criminal Justice Act 1967 for the coming into force of Part IV of that Act (new provisions as to legal aid in criminal cases); and section 38(2) of the 1889 c. 63.Interpretation Act 1889 shall apply to this repeal as if this section had been repealed by another Act.
Appeal in capital cases. 48. Schedule 4 to this Act shall have effect so as to modify and supplement certain provisions in Parts I and II of this Act in relation to cases involving sentence of death.
Saving for prerogative of mercy. 49. Nothing in this Act is to be taken as affecting Her Majesty’s prerogative of mercy.
Meaning of “sentence”. 50.—(1) In this Act, “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender (including a hospital order under Part V of the 1959 c. 72.Mental Health Act 1959, with or without an order restricting discharge) and also includes a recommendation for deportation.
(2) Any power of the criminal division of the Court of Appeal to pass a sentence includes a power to make a recommendation for deportation in cases where the court from which the appeal lies had power to make such a recommendation.
