Provisions as to certain legal proceedings U.K.

4 Appeals by protected persons. U.K.

[F1 (1)Where a protected prisoner of war or protected internee has been sentenced to death or to imprisonment for a term of two years or more, the time within which he must give notice of appeal or notice of his application for leave to appeal to the criminal division of the Court of Appeal, the High Court of Justiciary or [F2 the Court of Appeal in Northern Ireland], as the case may be, shall, notwithstanding anything in the enactment relating to such appeals, be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of twenty-eight days after the date on which he received a notice given—

(a) in the case of a protected prisoner of war, by an officer of Her Majesty’s forces;

(b) in the case of a protected internee, by or on behalf of the governor of the prison in which he is confined,

that the protecting power has been notified of his conviction and sentence; and, in a case to which the foregoing provisions of this subsection apply, a reference to the period aforesaid shall be substituted for the reference in section 30(1)(a) of the M1 Criminal Appeal Act 1968 and [F3 section 27(1)(a) of the M2 Criminal Appeal (Northern Ireland) Act 1980] (revesting and restitution of property) to the period of twenty-eight days from the date of conviction.

(1A) In the case of an appeal to the House of Lords under any of the Acts specified in the left-hand column of the following Table by a protected prisoner of war or protected internee, the period specified in the provision of that Act specified in relation thereto in the right-hand column (the provisions there listed being those which lay down the time for applying for leave to appeal) shall be extended until fourteen days after the date on which the applicant receives notice, given as mentioned in subsection (1)(a) or (b) of this section, that the protecting power has been notified of the decision of the court from which the appeal lies, or of the refusal of that court of the application for leave to appeal, as the case may be.]

Table

The Administration of Justice Act 1960	Section 2(1)
The Criminal Appeal Act 1968	Section 34(1)
[F4 The Criminal Appeal (Northern Ireland) Act 1980]	[F4 Section 32(1)]
The Courts-Martial (Appeals) Act 1968	Section 40(1)

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F1 S. 4(1)(1A) substituted for s. 4(1) by Criminal Appeal Act 1968 (c. 19), Sch. 5

F2 Words substituted by Judicature (Northern Ireland) Act 1978 (c. 23), s. 123(2), Sch. 5 Pt. II

F3 Words substituted by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(1), Sch. 4 para. 3

F4 Words substituted by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(1), Sch. 4 para. 3

F5 S. 4(2) repealed with saving for power to extend Act outside UK under s.8(2) of this Act by Administration of Justice Act 1960 (c.65), s.19(3), Sch. 4

F6 S. 4(3) repealed by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 6

Marginal Citations

M1 1968 c. 19.

M2 1980 c. 47.