Quashing of convictions

Determining when a conviction has been considered by Court of Appeal
3
1
For the purposes of this Act, a conviction has been considered by the Court of Appeal only if one of the cases in subsections (2) to (4) applies.
2
The first case is where the Court of Appeal has dismissed an appeal against the conviction.
3
The second case is where the Court of Appeal has refused to give leave to appeal against the conviction.
4
The third case is where—
a
a single judge of the Court of Appeal has refused to give leave to appeal against the conviction, and
b
the Court of Appeal has not subsequently given leave to appeal against the conviction.
5
Nothing in this Act prevents a further appeal against a conviction that has been considered by the Court of Appeal.
6
In this section “the Court of Appeal” means—
a
in the case of a conviction in England and Wales, the Court of Appeal in England and Wales;
b
in the case of a conviction in Northern Ireland, the Court of Appeal in Northern Ireland.
S. 3 in force at Royal Assent, see s. 11(2)