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Changes over time for: Section 317


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No versions valid at: 22/01/2004
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Point in time view as at 22/01/2004. This version of this provision is not valid for this point in time.

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Changes to legislation:
Criminal Justice Act 2003, Section 317 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Valid from 01/09/2004
317Power to substitute conviction of alternative offence on appeal in Northern IrelandN.I.
This section has no associated Explanatory Notes
(1)The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.
(2)In section 3 (power to substitute conviction of alternative offence) in subsection (1) after “an offence” there is inserted “ to which he did not plead guilty ”.
(3)After section 3 there is inserted—
“3APower to substitute conviction of alternative offence after guilty plea
(1)This section applies where—
(a)an appellant has been convicted of an offence to which he pleaded guilty,
(b)if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and
(c)it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
(2)The Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the plea so substituted.”
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