C1C2C3C4 PART X Appeals from Summary Proceedings

Annotations:
Modifications etc. (not altering text)
C1

Pt. X (ss. 173-194) excluded (19.2.2001) by 2000 c. 11, ss. 7(7), 8(1)(f)(ii); S.I. 2001/421, art. 2

Miscellaneous

193AF1 Suspension of certain sentences pending determination of appeal.

1

Where a convicted person or the prosecutor appeals to the High Court under section 175 of this Act F2F5... , the court may on the application of the appellant direct that the whole, or any remaining part, of a relevant sentence shall be suspended until the appeal, if it is proceeded with, is determined.

2

Where the court has directed the suspension of the whole or any remaining part of a person’s relevant sentence, the person shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal.

3

Where a person fails to appear personally in court as mentioned in subsection (2) above, the court may—

a

if he is the appellant—

i

decline to consider the appeal; and

ii

dismiss it summarily; or

b

whether or not he is the appellant—

i

consider and determine the appeal; or

ii

make such other order as the court thinks fit.

4

In this section “ relevant sentence ” means any one or more of the following—

F3aa

a community payback order;

d

a restriction of liberty order.

e

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .