National Security Act 2023
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Change 1
33F Appeal: effect on conviction etc.
(1) This section applies where— (a) an appeal under section 33D has been allowed in respect of a body, (b) regulations have been made under section 33A in respect of the body in accordance with an order of the Commission under section 33D(3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)), (c) a person has been convicted of an offence in respect of the body under— (i) any of sections 17A to 17C, or (ii) any of sections 1, 2, 12, 13, 16 or 18 where the designated body condition was met, and (d) the conduct to which the charge referred took place on or after the date of the refusal to remove a designation against which the appeal under section 33D was brought. (2) This section also applies where— (a) an appeal under section 33D has been allowed in respect of an alternative name included in the designation of a body, (b) regulations have been made under section 33A in respect of the alternative name in accordance with an order of the Commission under section 33D(3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)), (c) a person has been convicted of an offence in respect of the body under— (i) any of sections 17A to 17C, or (ii) any of sections 1, 2, 12, 13, 16 or 18 where the designated body condition was met, and (d) the conduct to which the charge referred took place on or after the date of the refusal, against which the appeal under section 33D was brought, to remove an alternative name from a designation of a body. (3) A person mentioned in subsection (1)(c) or (2)(c) may appeal against the conviction. (4) An appeal under subsection (3) is to be made— (a) in the case of a conviction in England and Wales or Northern Ireland, to the Court of Appeal; (b) in the case of a conviction in Scotland, to the High Court of Justiciary. (5) On an appeal under subsection (3) to any court, that court must allow the appeal and quash the conviction. (6) An appeal under subsection (3) to the Court of Appeal against a conviction— (a) may be brought irrespective of whether the person has previously appealed against the conviction; (b) must be brought within the period of 28 days beginning with the relevant date; (c) is to be treated as an appeal under section 1 of the Criminal Appeal Act 1968 or, in Northern Ireland, under section 1 of the Criminal Appeal (Northern Ireland) Act 1980, but does not require leave in either case. (7) An appeal under subsection (3) to the High Court of Justiciary against a conviction— (a) may be brought irrespective of whether the person has previously appealed against the conviction; (b) must be brought within the period of two weeks beginning with the relevant date; (c) is to be treated as an appeal under section 106 of the Criminal Procedure (Scotland) Act 1995 for which leave has been granted. (8) In this section “the relevant date” means— (a) the date on which the regulations mentioned in subsection (1)(b) or (2)(b) come into force, or (b) where the regulations are made in reliance on section 96(6A), the date on which they are approved by the second House of Parliament to approve them.
33F Appeal: effect on conviction etc.
(1) This section applies where— (a) an appeal under section 33D has been allowed in respect of a body, (b) regulations have been made under section 33A in respect of the body in accordance with an order of the Commission under section 33D(3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)), (c) a person has been convicted of an offence in respect of the body under— (i) any of sections 17A to 17C, or (ii) any of sections 1, 2, 12, 13, 16 or 18 where the designated body condition was met, and (d) the conduct to which the charge referred took place on or after the date of the refusal to remove a designation against which the appeal under section 33D was brought. (2) This section also applies where— (a) an appeal under section 33D has been allowed in respect of an alternative name included in the designation of a body, (b) regulations have been made under section 33A in respect of the alternative name in accordance with an order of the Commission under section 33D(3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)), (c) a person has been convicted of an offence in respect of the body under— (i) any of sections 17A to 17C, or (ii) any of sections 1, 2, 12, 13, 16 or 18 where the designated body condition was met, and (d) the conduct to which the charge referred took place on or after the date of the refusal, against which the appeal under section 33D was brought, to remove an alternative name from a designation of a body. (3) A person mentioned in subsection (1)(c) or (2)(c) may appeal against the conviction. (4) An appeal under subsection (3) is to be made— (a) in the case of a conviction in England and Wales or Northern Ireland, to the Court of Appeal; (b) in the case of a conviction in Scotland, to the High Court of Justiciary. (5) On an appeal under subsection (3) to any court, that court must allow the appeal and quash the conviction. (6) An appeal under subsection (3) to the Court of Appeal against a conviction— (a) may be brought irrespective of whether the person has previously appealed against the conviction; (b) must be brought within the period of 28 days beginning with the relevant date; (c) is to be treated as an appeal under section 1 of the Criminal Appeal Act 1968 or, in Northern Ireland, under section 1 of the Criminal Appeal (Northern Ireland) Act 1980, but does not require leave in either case. (7) An appeal under subsection (3) to the High Court of Justiciary against a conviction— (a) may be brought irrespective of whether the person has previously appealed against the conviction; (b) must be brought within the period of two weeks beginning with the relevant date; (c) is to be treated as an appeal under section 106 of the Criminal Procedure (Scotland) Act 1995 for which leave has been granted. (8) In this section “the relevant date” means— (a) the date on which the regulations mentioned in subsection (1)(b) or (2)(b) come into force, or (b) where the regulations are made in reliance on section 96(6A), the date on which they are approved by the second House of Parliament to approve them.
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