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Criminal Appeal Act 1995
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Changes over time for: Section 13
Version Superseded: 31/10/2009
Alternative versions:
- 31/03/1997- Amendment
- 28/03/2009- Amendment
- 28/03/2009
Point in time - 31/10/2009- Amendment
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Point in time view as at 28/03/2009. This version of this provision has been superseded.
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13 Conditions for making of references.E+W+N.I.
(1)A reference of a conviction, verdict, finding or sentence shall not be made under any of sections 9 to [F112B ] unless—
(a)the Commission consider that there is a real possibility that the conviction, verdict, finding or sentence would not be upheld were the reference to be made,
(b)the Commission so consider—
(i)in the case of a conviction, verdict or finding, because of an argument, or evidence, not raised in the proceedings which led to it or on any appeal or application for leave to appeal against it, or
(ii)in the case of a sentence, because of an argument on a point of law, or information, not so raised, and
(c)an appeal against the conviction, verdict, finding or sentence has been determined or leave to appeal against it has been refused.
(2)Nothing in subsection (1)(b)(i) or (c) shall prevent the making of a reference if it appears to the Commission that there are exceptional circumstances which justify making it.
Textual Amendments
F1Word in s. 13(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 3; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
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