Part II U.K. Summary Procedure

Modifications etc. (not altering text)

C1 Pt. II (ss. 282–457) extended with modifications by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 60(5)

U.K. Conviction and Sentence

Review S

[F1 442 Right of appeal. S

(1) Without prejudice to any right of appeal under section 453A of this Act—

(a) any person convicted in summary proceedings may appeal under this section to the High Court—

(i) against such conviction;

(ii) against the sentence passed on such conviction; or

(iii) against both such conviction and such sentence;

(b) the prosecutor in such proceedings may so appeal on a point of law—

(i) against an acquittal in such proceedings; or

(ii) against a sentence passed in such proceedings.

(2) By an appeal under subsection (1)(a) of this section or, as the case may be, against acquittal under subsection (1)(b) of this section, an appellant may bring under review of the High Court any alleged miscarriage of justice in the proceedings, including, in the case of an appeal under the said subsection (1)(a), any alleged miscarriage of justice on the basis of the existence and significance of additional evidence which was not heard at the trial and which was not available and could not reasonably have been made available at the trial.]

Textual Amendments

F1 S. 442, 442A, 442B substituted for s. 442 by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 3 para. 1, Sch. 6 para. 7