Part II Proscribed Organisations
Procedure
7 Appeal: effect on conviction, &c.
1
This section applies where—
a
an appeal under section 5 has been allowed in respect of an organisation,
b
an order has been made under section 3(3)(b) in respect of the organisation in accordance with an order of the Commission under section 5(4) (and, if the order was made in reliance on section 123(5), a resolution has been passed by each House of Parliament under section 123(5)(b)),
c
a person has been convicted of an offence in respect of the organisation under any of sections 11 to 13, 15 to 19 and 56, and
d
the activity to which the charge referred took place on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought.
F11A
This section also applies where—
a
an appeal under section 5 has been allowed in respect of a name treated as the name for an organisation,
b
an order has been made under section 3(8) in respect of the name in accordance with an order of the Commission under section 5(4),
c
a person has been convicted of an offence in respect of the organisation under any of sections 11 to 13, 15 to 19 and 56, and
d
the activity to which the charge referred took place on or after the date of the refusal, against which the appeal under section 5 was brought, to provide for a name to cease to be treated as a name for the organisation.
2
If the person mentioned in subsection (1)(c) F2or (1A)(c) was convicted on indictment—
a
he may appeal against the conviction to the Court of Appeal, and
b
the Court of Appeal shall allow the appeal.
3
A person may appeal against a conviction by virtue of subsection (2) whether or not he has already appealed against the conviction.
4
An appeal by virtue of subsection (2)—
a
must be brought within the period of 28 days beginning with the date on which the order mentioned in subsection (1)(b) F3or (1A)(b) comes into force, and
b
shall be treated as an appeal under section 1 of the M1Criminal Appeal Act 1968 (but does not require leave).
5
If the person mentioned in subsection (1)(c) F4or (1A)(c) was convicted by a magistrates’ court—
a
he may appeal against the conviction to the Crown Court, and
b
the Crown Court shall allow the appeal.
6
A person may appeal against a conviction by virtue of subsection (5)—
a
whether or not he pleaded guilty,
b
whether or not he has already appealed against the conviction, and
c
whether or not he has made an application in respect of the conviction under section 111 of the M2Magistrates’ Courts Act 1980 (case stated).
7
An appeal by virtue of subsection (5)—
a
must be brought within the period of 21 days beginning with the date on which the order mentioned in subsection (1)(b) F5or (1A)(b) comes into force, and
b
shall be treated as an appeal under section 108(1)(b) of the M3Magistrates’ Courts Act 1980.
8
In section 133(5) of the M4Criminal Justice Act 1988 (compensation for miscarriage of justice) after paragraph (b) there shall be inserted—
or
c
on an appeal under section 7 of the Terrorism Act 2000