Commentary on Sections Section: 306: Limit on period of detention without charge of suspected terrorists Section 316:  Power to substitute conviction of alternative offence on appeal in England and Wales.
673.Where a defendant is found guilty by a jury and appeals against conviction, the Court of Appeal has the power under section 3 of the Criminal Appeal Act 1968, instead of allowing or dismissing the appeal, to substitute a conviction of an alternative offence on the same facts. However, it has no power to do this where the defendant appeals against conviction after pleading guilty. Section 316 inserts a new section 3A into the Criminal Appeal Act 1968 allowing the Court of Appeal to substitute a conviction of an alternative offence, where the facts admitted by the appellant by virtue of the guilty plea justify a conviction of that other offence.