Section 12: Effect of court’s decisions on convictions
Subsections (1) to (3)
77.Subsections (1) and (2) provide that a person convicted of an offence under section 9(1) or (2) may appeal against their conviction if the control order or obligation which they breached is subsequently quashed in control order proceedings (or on appeal from such proceedings). Subsection (3) provides that when an appeal is brought under this section, the relevant court must allow the appeal and quash the conviction. These provisions need to be read in association with paragraph 8 of the Schedule.
Subsections (4) to (7)
78.Subsections (4) to (7) make it clear that an appeal may be brought notwithstanding the fact that an earlier appeal may already have been brought and set out other matters in relation to such an appeal.
Subsection (8)
79.Subsection (8) amends section 133 of the Criminal Justice Act 1988 (c. 33) (compensation for miscarriages of justice) to permit compensation to be awarded on an application under that section. This would allow an individual to claim compensation if, for example, he had been convicted for breaching the conditions of an order and subject to a penalty, and where the relevant Control Order in question was subsequently quashed by a court.
