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Proceeding contribution from Lord Hunt of Kings Heath (Labour) in the House of Lords on Wednesday, 30 April 2008. It occurred during Debate on bill on Criminal Justice and Immigration Bill.


Criminal Justice and Immigration Bill

moved Amendment No. 12: 12: Clause 42, leave out Clause 42 and insert the following new Clause— ““Power to dismiss certain appeals following references by the CCRC: Northern Ireland After section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) insert— ““Appeals following references by the CCRC 13B Power to dismiss certain appeals following references by the CCRC (1) This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 10(1)(a), (6) or (7) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999. (2) Notwithstanding anything in section 2, 12 or 13A of this Act, the Court of Appeal may dismiss the appeal if— (a) the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and (b) the condition in subsection (3) is met. (3) The condition in this subsection is that if— (a) the reference had not been made, but (b) the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law, the Court would not think it appropriate to grant the application by exercising the power conferred by section 16(2).”””” On Question, amendment agreed to. Clause 62 [Possession of extreme pornographic images]:


Secondary information

Type
Proceeding contribution
Reference
701 c262 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Data protection Criminal proceedings Administration of justice Crimes against the person Deportation Court of Appeal Criminal Cases Review Commission Migrants NHS Northern Ireland Prisons Pornography Prisoners' release Sentencing Sexual offences Young offenders Wales Strikes
Legislation
Criminal Justice and Immigration Bill 2006-07 to 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk