Moved by
Lord Wallace of Saltaire
18: Clause 3, page 3, line 5, leave out “(the first recall condition)” and insert “and (7) (the first and third recall conditions)”
19: Clause 3, page 3, line 9, leave out subsections (2) to (4) and insert—
“( ) “Relevant appeal”, in relation to the first recall condition, means—
(a) an appeal that—
(i) is in respect of the conviction, sentence or order mentioned in section 1(3), and
(ii) is brought within the usual period, or
(b) an appeal that—
(i) is in respect of the determination of an appeal that was itself a relevant appeal, and
(ii) is brought within the usual period.
( ) “Relevant appeal”, in relation to the third recall condition, means—
(a) an appeal that—
(i) is in respect of the conviction mentioned in section 1(7) or of any sentence or order imposed in relation to that conviction, and
(ii) is brought within the usual period, or
(b) an appeal that—
(i) is in respect of the determination of an appeal that was itself a relevant appeal, and
(ii) is brought within the usual period.”
20: Clause 3, page 3, line 31, after “issue)” insert “, or an appeal under section 288AA of the Criminal Procedure (Scotland) Act 1995 (appeal on compatibility issues)”