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Criminal Appeal Act 1995

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Change 1

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As published

15 Investigations for Court of Appeal and Court Martial Appeal Court.

(1) Where a direction (a relevant direction) is given by the Court of Appeal under section 23A(1) of the 1968 Act or section 25A(1) of the 1980 Act or by the Court Martial Appeal Court under section 29A(1) of the Court Martial Appeals Act, the Commission shall investigate the matter specified in the direction in such manner as the Commission think fit. (2) Where, in investigating a matter specified in such a direction, it appears to the Commission that— (a) another matter (a “related matter”) which is relevant to the determination of the appeal or application for leave to appeal by the relevant Court ought, if possible, to be resolved before the appeal or application for leave to appeal is determined by that Court, and (b) an investigation of the related matter is likely to result in the Court’s being able to resolve it, the Commission may also investigate the related matter. (3) The Commission shall— (a) keep the relevant Court informed as to the progress of the investigation of any matter specified in a relevant direction, and (b) if they decide to investigate any related matter, notify the relevant Court of their decision and keep the Court informed as to the progress of the investigation. (4) The Commission shall report to the relevant Court on the investigation of any matter specified in a relevant direction when— (a) they complete the investigation of that matter and of any related matter investigated by them, or (b) they are directed to do so by the relevant Court, whichever happens first. (5) A report under subsection (4) shall include details of any inquiries made by or for the Commission in the investigation of the matter specified in the direction or any related matter investigated by them. (6) Such a report shall be accompanied— (a) by any statements and opinions received by the Commission in the investigation of the matter specified in the direction or any related matter investigated by them, and (b) subject to subsection (7), by any reports so received. (7) Such a report need not be accompanied by any reports submitted to the Commission under section 20(6) by an investigating officer. (8) In this section “relevant Court”, in relation to a direction, means the court that gave the direction.

Your change, as a redline

15 Investigations for Court of Appeal and Court Martial Appeal Court.

(1) Where a direction (a relevant direction) is given by the Court of Appeal under section 23A(1) of the 1968 Act or section 25A(1) of the 1980 Act or by the Court Martial Appeal Court under section 29A(1) of the Court Martial Appeals Act, the Commission shall investigate the matter specified in the direction in such manner as the Commission think fit. (2) Where, in investigating a matter specified in such a direction, it appears to the Commission that— (a) another matter (a “related matter”) which is relevant to the determination of the appeal or application for leave to appeal by the relevant Court ought, if possible, to be resolved before the appeal or application for leave to appeal is determined by that Court, and (b) an investigation of the related matter is likely to result in the Court’s being able to resolve it, the Commission may also investigate the related matter. (3) The Commission shall— (a) keep the relevant Court informed as to the progress of the investigation of any matter specified in a relevant direction, and (b) if they decide to investigate any related matter, notify the relevant Court of their decision and keep the Court informed as to the progress of the investigation. (4) The Commission shall report to the relevant Court on the investigation of any matter specified in a relevant direction when— (a) they complete the investigation of that matter and of any related matter investigated by them, or (b) they are directed to do so by the relevant Court, whichever happens first. (5) A report under subsection (4) shall include details of any inquiries made by or for the Commission in the investigation of the matter specified in the direction or any related matter investigated by them. (6) Such a report shall be accompanied— (a) by any statements and opinions received by the Commission in the investigation of the matter specified in the direction or any related matter investigated by them, and (b) subject to subsection (7), by any reports so received. (7) Such a report need not be accompanied by any reports submitted to the Commission under section 20(6) by an investigating officer. (8) In this section “relevant Court”, in relation to a direction, means the court that gave the direction.

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