Moved by
Baroness Browning
81: Clause 27, page 25, line 47, at end insert-—
“(6CA) In considering whether it is of the opinion mentioned in subsection (6B) in the case of a person aged 16 or 17, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933 (general considerations).
(6CB) Where—
(a) an appropriate custodial sentence has been imposed on a person under subsection (6B), and
(b) a relevant conviction without which subsection (6B) would not have applied has been subsequently set aside on appeal,
notice of appeal against the sentence may be given at any time within 28 days from the date on which the conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968 (initiating procedure)).”
82: Clause 27, page 26, line 7, leave out “(6B)” and insert (6C)(a)”
83: Clause 27, page 26, leave out line 13 and insert-—
“(a) a person is convicted of an offence under subsection (1) or (2) by a court in England and Wales,
( aa) the offence was”