THIRD GROUP OF PARTS U.K.Disposals

PART 10 U.K.Custodial sentences

CHAPTER 7 E+WMinimum sentences for particular offences

Minimum sentence for repeat offences E+W

316 Appeals where previous convictions set aside E+W

(1) This section applies where—

(a) a sentence has been imposed on an offender under subsection (2) [F1 or (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).

Textual Amendments

F1 Words in s. 316(1)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(6), 208(5)(k)

Modifications etc. (not altering text)

C1 S. 316 applied (with modifications) by 2007 c. ii, s. 8(8) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 265 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1 S. 316 in force at 1.12.2020 by S.I. 2020/1236, reg. 2