THIRD GROUP OF PARTSDisposals

PART 10Custodial sentences

CHAPTER 7Minimum sentences for particular offences

Minimum sentence for repeat offences

I1C1316Appeals where previous convictions set aside

1

This section applies where—

a

a sentence has been imposed on an offender under subsection (2) F1or (2A) of any of the following sections—

i

section 313,

ii

section 314, or

iii

section 315,

b

a previous conviction of the offender is subsequently set aside on appeal, and

c

without the previous conviction the section would not have applied.

2

Notice of appeal against the sentence may be given at any time within 28 days from the day on which the previous conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968).