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

This legislation has been repealed.

SENTENCING ACT 1989 - SECT 23A

Application to Court of Criminal Appeal by Crown

23A Application to Court of Criminal Appeal by Crown

(1) If:
(a) the Board has decided, under section 22J or 22K, that a prisoner who is a serious offender should be released on parole, and
(b) the Attorney General or the Director of Public Prosecutions alleges that the decision of the Board was made on information that was false, misleading or irrelevant,
the Attorney General or the Director of Public Prosecutions 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 directions with respect to the information as it thinks fit.
(2) At the hearing or determination of an application under this section, the prisoner is not entitled to appear in person, except by leave of the Court of Criminal Appeal.
(3) The power of the Court of Criminal Appeal to grant the prisoner 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.