Section 214: Disposal of charge
606.This section defines what is meant by the disposal of a charge against a person. Subsection (1) provides that a charge is disposed of when the person is acquitted or when he is convicted and there is no further possibility of an appeal against the conviction.
607.Subsection (2) provides that there is no further possibility of an appeal:
when the period permitted for applying for leave to appeal to the Court of Appeal ends, if leave is required and no notice of application for leave is given;
when leave to appeal to the Court of Appeal is refused, if leave is required and notice of application for leave is given in time;
when the period permitted for giving notice of appeal against conviction to the Court of Appeal ends, if no such notice is given;
when the decision of the Court of Appeal on such an appeal becomes final (see below), if there is no appeal against that decision;
when the decision of the House of Lords is made, if an appeal is made against the decision of the court of Appeal.
608.The decision of the Court of Appeal on an appeal is final (subsection (3)):
when the period permitted for applying to the Court of Appeal for leave to appeal to the House of Lords ends, if no such application is made;
when the period permitted for applying to the House of Lords for leave to appeal to it ends, if the Court of Appeal has refused leave to appeal to the House of Lords and no application has been made to the House of Lords;
when the House of Lords refuses leave to appeal;
if, after 28 days of leave being granted to appeal to the House of Lords, no such appeal has been brought.
609.Subsection (4) prevents a court’s power to extend a permitted period or give leave to take a step out of time from being taken into account for the purposes of subsections (2) and (3).
610.Subsection (5) states that subsections (2) to (4) do not apply to Scotland (see section 32 above).
