Remedy
Start free

Section 316: Appeals where previous convictions set aside

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

Part 10: Custodial sentences — CHAPTER 7: Minimum sentences for particular offences

This section applies where—

a sentence has been imposed on an offender under subsection (2) or (2A) of any of the following sections—
section 313,
section 314, or
section 315,
a previous conviction of the offender is subsequently set aside on appeal, and
without the previous conviction the section would not have applied.

Notice of appeal against the sentence may be given at any time within 28 days from the day on which the previous conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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