OpenLegislation

Paragraph

United Kingdom

  • F1Section 110(1) shall continue to have effect with the amendments made by Part II of Schedule I to the M1Criminal Appeal Act 1966, that is—

    1. (a)

      with the substitution of “is under all the circumstances of the case unsafe or unsatisfactory” for the words from “ is unreasonable ” to “ evidence ”;

    2. (b)

      with the substitution of “there was a material irregularity in the course of the trial” for “ on any ground there was a miscarriage of justice ”; and

    3. (c)

      with the addition at the end of the following proviso—

    “Provided that the confirming officer may, notwithstanding that he is of opinion that he would apart from this proviso withhold confirmation of the finding, confirm the finding if he considers that no miscarriage of justice has actually occurred.”.

Annotations

Textual amendments

F1

Entry in Sch. 5 relating to the Army Act 1955 repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch.3; S.I. 1995/3061, art. 3(i)(vi) (with savings in art. 4(b))

Marginal citations

M1

1966 c. 31.

Notes on the whole Act

Textual amendments

F1

Act: "The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981" (1.10.2009) by virtue of the Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(1); S.I. 2009/1604, art. 2(d)

F2

Act: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 26(1); S.I. 2009/1604, art. 2(d)

Notes on Schedule 5

Editorial notes

X1

The text of s. 152(1)(4)(5), Sch. 5 and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991