Section 309: Appeals where previous convictions set aside or previous sentences modified

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 10: Custodial sentences — CHAPTER 6: Dangerous offenders

Subsection (3) applies where—

a sentence has been imposed on a person under section 273 or 283 (life sentence for second listed offence),
a previous conviction of that person has been subsequently set aside on appeal, and
without that conviction, the previous offence condition in section 273(5) or 283(5) would not have been met.

Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.

Subsection (5) applies where—

a sentence has been imposed on a person under section 273 or 283,
a previous sentence imposed on that person has been subsequently modified on appeal, and
taking account of that modification, the previous offence condition in section 273(5) or 283(5) would not have been met.

Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence mentioned in subsection (4)(a) may be given at any time within 28 days from the date on which the previous sentence was modified.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.