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Courts-Martial (Appeals) Act 1968
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- 1968 c. 20
- Part II
- Appeals following references by...
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Changes over time for: Cross Heading: Appeals following references by the CCRC
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There are currently no known outstanding effects for the Courts-Martial (Appeals) Act 1968, Cross Heading: Appeals following references by the CCRC.
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[F1Appeals following references by the CCRCU.K.
Textual Amendments
F1S. 25C and cross-heading inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 2; S.I. 2009/1028, art. 2(a)
25CPower to dismiss certain appeals following references by the CCRCU.K.
(1)This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 12A(1)(a), (7) or (8) of the Criminal Appeal Act 1995.
(2)Notwithstanding anything in section 12, 21 or 25 of this Act, the Appeal Court 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 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 9(3).]
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