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The Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006

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Application for leave to appeal

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35.—(1) An application to the Court of Appeal for leave to appeal to the House of Lords shall be made in writing within 28 days beginning with the date on which the Court of Appeal give reasons for the decision which is the subject of the appeal.

(2) An application to the House of Lords for leave shall be made in writing within 28 days beginning with the date on which the application for leave is refused by the Court of Appeal.

(3) The House of Lords or the Court of Appeal may, upon an application made at any time by the offender or the specified prosecutor extend the time within which an application may be made by him to that House or the Court under paragraphs (1) and (2).

(4) An appeal to the House of Lords shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of.

(5) For the purposes of this Part, an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

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