- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
(2)If the person mentioned in subsection (1)(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) comes into force, and
(b)shall be treated as an appeal under section 1 of the [1968 c. 19.] Criminal Appeal Act 1968 (but does not require leave).
(5)If the person mentioned in subsection (1)(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 [1980 c. 43.] Magistrates' 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) comes into force, and
(b)shall be treated as an appeal under section 108(1)(b) of the [1980 c. 43.] Magistrates' Courts Act 1980.
(8)In section 133(5) of the [1988 c. 33.] Criminal 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”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: