Part I.
(3) The Court shall not under this section pass any sentence such that the appellant’s sentence on the indictment as a whole will, in consequence of the appeal, be of greater severity than the sentence (taken as a whole) which was passed at the trial for all offences of which he was convicted on the indictment.
Disposal of appeal against conviction on special verdict. 5.—(1) This section applies on an appeal against conviction by a person in whose case the jury have found a special verdict.
(2) If the Court of Appeal consider that a wrong conclusion has been arrived at by the court of trial on the effect of the jury’s verdict they may, instead of allowing the appeal, order such conclusion to be recorded as appears to them to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be authorised by law.
Substitution of finding of insanity or unfitness to plead. 6.—(1) Where, on an appeal against conviction, the Court of Appeal are of opinion—
- (a) that the proper verdict would have been one of not guilty by reason of insanity; or
- (b) that the case is not one where there should have been a verdict of acquittal, but that there should have been a finding that the accused was under disability,
the Court shall make an order that the appellant be admitted to such hospital as may be specified by the Secretary of State.
(2) Schedule 1 to this Act applies with respect to the consequences and effect of an order made by the Court of Appeal under this section.
(3) On making an order under this section in the case of any person, the Court of Appeal may give such directions as they think fit for his conveyance to a place of safety and his detention there pending his admission to hospital within the relevant period specified by Schedule 1 to this Act.
(4) In section 72 of the 1959 c. 72.Mental Health Act 1959 (which relates to the removal to hospital of persons serving sentences of imprisonment and is applied by subsection (6) of the section to persons in other forms of detention) references to a person serving a sentence of imprisonment shall be construed as not including references to a person subject to an order of the Court of Appeal under this section.
Retrial
Power to order retrial. 7.—(1) Where the Court of Appeal allow an appeal against conviction and do so only by reason of evidence received or available to be received by them under section 23 of this Act and it appears to the Court that the interests of justice so require, they may order the appellant to be retried.
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