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Criminal Justice and Immigration Act 2008

Section 18:  Further amendments relating to sentences for public protection

215.Section 18 provides for further amendments relating to sentences for public protection.

216.Subsection (1) substitutes a new subsection (1) in section 231 of the 2003 Act (appeals where previous convictions set aside).

217.The new subsection (1) applies where an offender has received a sentence of imprisonment for public protection, or an extended sentence for certain violent or sexual offences, if the court relied upon the condition in section 225(3A) or 227(2A) having been satisfied. If a previous conviction of the type listed in Schedule 15A to the 2003 Act, which lists the offences relevant for the condition, is subsequently set aside on appeal, section 231 as amended by this section confers on the offender an extension of time for appealing against the public protection sentence.

218.Subsection (2) amends section 232 (certificates of conviction) of the 2003 Act.

219.The effect of the amendments to section 232 is that a court that has convicted an offender of a Schedule 15A offence in England and Wales may, once Schedule 15A has come into force, subsequently certify the fact and date of that conviction. This certificate will stand as evidence for the purposes of proving that the condition in section 225(3A) and 227(2A) is satisfied.

220.Subsection (3) omits section 234 of the 2003 Act (determination of day when offence committed) in consequence of the amendments to section 229.

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