Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.
In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the criminal jurisdiction of England which did not exist in any civilized country. The importance of the subject was well stted by Sir John Lawson Walton when he said that the criminal law and its administration constituted 'the absolute condition of individual happiness and welfare oon thepart of every member of the community throughout all classes of our popylation.' The Criminal Code Commission, which sat in 1878, made proposals as to criminal appeal on a point of law and on a questionof fact, and these proposals have been adopted by most of our colonies; and Lord James of Hereford said (House of Lords,March 27th, 1906) that in every nation in Europe, and certainly in America, there were courts of criminal appeal. The passing of this Act was probably brought about by the public concernand sensation which was aroused by two cases: first, the Beck case,which resulted in the Beck Commission of 1904 (and as to which see Best on Evidence, 10th Edn. At p. 438); and, secondly, the Edalji case.
The Court of Criminal Appeal, which is constituted by the Act consists of the Lord Chief Justice of England and all the judges of the King's Bench Division (altered from eight judges by the (English) Criminal Appeal (Amendment) Act, 1908 (8 Edw. 7, c. 46).
The right of appeal is contained ins. 3, which is as follows:--
3. A person convicted on indictment may appeal under this Act to the Court of Criminal Appeal--
(a) against his conviction onany ground of appeal which involves a question of law alone; and
(b) with the leave of the Court of Criminal Appeal or upon the certificate of the judge who tried him that it is a fit case of appeal against his conviction onany ground of appeal which involves a question of fact alone,or a question of mixedlaw and fact, or any other ground which appears to the court to be sufficient ground of appeal; and
(c) with theleave of the Courtof Criminal Appeal against the sentence passed on his conviction, unless the sentence is one fixed by law.
A parent or guardian may appeal to the Court of Criminal Appeal under s. 3 against an ordermade by a Court of Assize or Quarter Sessions under the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 55. Also a woman charged with murder and thejury find her not pregnant, see (English) Sentence of Death (Expectant Mothers) Act, 1931 (21 & 22 Geo. 5, c. 24), s. 2.
'A person convicted' includes a person who, upon the trial of an indictment, has been found insane, R. v. Ireland, (1910) 1 KB 654.
The Court has power [s. 4, see R. v. Ettridge, (1909) 2 KB 24] to increase the sentence on the prisoner, and the prisoner has (s. 11) the right to be present on the hearing of his appeal, except where it is on 'some ground involving a question of law alone' [R. v. Dunleavey, (1909) 1 KB 200]. The procedure of stating a case for the opinion of the Court under the Crown Cases Act, 1848 (11 & 12 Vict. c. 78), is preserved [s. 20 (4)], but writs of error an motions for new trials are abolished [s. 20 (1)]. See NEW TRIAL. Regarding an appeal to the Court of Appeal from a conviction in relation to non-repair of a highway, a saving was inserted in the Criminal Appeal Act, s. 20 (3), and the Judicature Act, 1925, s. 29, replaces this sub-s.. In order to assist the Court of Criminal Appeal in coming to a determination, s. 16 contains provisions for taking shorthand notes, and is as follows:'
(1) Shorthand notes shall be taken of the proceedings at the trial of any person on indictment who, if convicted,is entitled or may be authorized to appeal under this Act, and on any appeal or application for leave to appeal a transcript of the notes or any prt thereof shall be made if the registrar so directs, and furnished to the registrar for the use of the Court of Criminal Appeal or any judge thereof: Provided that a transcript shall be furnished to any party interested upon the payment of such charges as the Treasury may fix.
(2) The Secretary of State may also, if he thinks fit in any case, direct a transcript of the shorthand notes to be made and furnished to him for his use.
(3) The cost of taking any such shorthand notes, and of any transcript where a transcript is directed to be made by the registrar or by the Secretary of State, shall be defrayed, in accordane with scale of payment fixed for the time being by the Treasury, out of moneys provided by Parliament, and rules of court may make such provisionas is neessary for securing the accuracy of the notes to be taken and for the verification of the transcript.
Many of thematters in the Act are governed by the rules made under it. [See (English) Criminal Appeal Rules, 1908].
The decision of the Court is final, unless the Director of Public Prosecutions, or the prosecutor or the defendant, obtains the certificate of the Attorney-General that the Court's decision involves a point of law of exceptional public importance, and that it is desirble in the public interest that a further appeal should be brught, when appeal may be brought to the House of Lords (s. 1 (6), Act of 1907.
In Scotland, the Criminal Appeal (Scotland) Act, 1926 (16 & 17 Geop. 5, c. 15), gives a right to a person convicted on indictment'whether before a sheriff or before a judge of the High Court of Justiciary'to appeal to the High Court of Justiciary against conviction and/or against sentence. The grounds of appeal mustbe that the conviction is unreasonable or cannot be supported having regard to the evidence, that there has been a wrong decision by the trial judge on any question of law, or tht there has been a miscarriage of justice. The Court may vary the verdict and/or the sentence.