Search Legislation

Criminal Justice and Immigration Act 2008

Part 3 - Appeals

79.Concerns were expressed in recent judgments of the Court of Appeal, and in the response of the senior judiciary to the consultation paper “Quashing convictions” (available at www.cjsonline.gov.uk/downloads/application/pdf/quashing_convictions_consult.pdf), about cases where the Court of Appeal had found itself obliged to quash convictions that were valid according to the law at the time of the trial. The problem had arisen where an appeal turned on a development in the law since the date of conviction and the case had been referred by the CCRC. The Court’s usual practice is to refuse an extension of time in which to appeal in “change of law” cases, but that solution is not available in cases referred by the CCRC since they are not subject to a leave requirement. Sections 42 and 43 respond to these concerns.

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources