Criminal Justice and Immigration Bill — 30 Apr 2008 at 17:25
Clause 42 <[i>Power of Court of Appeal to disregard developments in the law: Northern Ireland]:
moved Amendment No. 12:
Clause 42, leave out Clause 42 and insert the following new Clause-
"Power to dismiss certain appeals following references by the CCRC: Northern Ireland
After section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) insert-
"Appeals following references by the CCRC
13B Power to dismiss certain appeals following references by the CCRC
(1) This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 10(1)(a), (6) or (7) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.
(2) Notwithstanding anything in section 2, 12 or 13A of this Act, the Court of Appeal may dismiss the appeal if-
(a) the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and(b) the condition in subsection (3) is met.
(3) The condition in this subsection is that if-
(a) the reference had not been made, but(b) the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,the Court would not think it appropriate to grant the application by exercising the power conferred by section 16(2).""
On Question, amendment agreed to.
Clause 62 <[i>Possession of extreme pornographic images]:
moved Amendment No. 13:
Clause 62, page 49, line 31, leave out paragraph (b) and insert-
"(b) is obscene as defined by section 1 of the Obscene Publications Act 1959 (c. 66) (test of obscenity)."
On Question, Whether the said amendment (No. 13) shall be agreed to?
Their Lordships divided: Contents, 91; Not-Contents, 134.
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