First Group of Parts Discipline

Part 8 Sentencing Powers and Mandatory etc Sentences

Chapter 6 Mandatory etc Custodial Sentences for Certain Offences

Required sentences

228 Appeals where previous convictions set aside

(1) Subsection (3) applies where—

(a) a sentence has been imposed on a person by virtue of section 219 or 220; and

(b) any previous conviction of his without which the court would not have been required to make the assumption mentioned in section 229(3) of the 2003 Act (as applied by section 223) has been subsequently set aside on appeal.

(2) Subsection (3) also applies where—

(a) a sentence has been imposed on any person by virtue of section 225 or 226; and

(b) any previous conviction of his without which that section would not have applied has subsequently been set aside on appeal.

(3) Where this subsection applies, an application for leave to appeal against the sentence may be lodged at any time within 29 days beginning with the day on which the previous conviction was set aside.

(4) Subsection (3) has effect notwithstanding anything in section 9(1) of the Court Martial Appeals Act 1968 (c. 20).