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SENTENCING ACT 1989 - SECT 23 Application to Court of Criminal Appeal by prisoner

This legislation has been repealed.

SENTENCING ACT 1989 - SECT 23

Application to Court of Criminal Appeal by prisoner

23 Application to Court of Criminal Appeal by prisoner

(1) If:
(a) the Board has decided, under section 22, 22J or 22K, that a prisoner should not be released on parole, and
(b) the prisoner alleges that the decision of the Board was made on information which was false, misleading or irrelevant,
the prisoner may, in accordance with rules of court, apply to the Court of Criminal Appeal for a direction to be given to the Board as to whether the information was false, misleading or irrelevant and the Court of Criminal Appeal may give such direction with respect to the information as it thinks fit.
(2) An application under this section is not to be considered by the Court of Criminal Appeal unless it is satisfied that the application is not an abuse of process and that there appears to be sufficient evidence to support the application.
(3) At the hearing or determination of an application under this section, the applicant is not entitled to appear in person, except by leave of the Court of Criminal Appeal.
(4) The power of the Court of Criminal Appeal to grant the applicant leave to appear in person at the hearing or determination of an application under this section may be exercised by any Judge of that Court, but no appeal lies to that Court against the refusal of a Judge of that Court to grant leave to so appear.