Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Dismissal of charges, quashing of convictions and determination of proceedings | ||
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94. (1) For the purposes of this Part, a charge against a person in respect of a relevant offence shall be regarded as dismissed when— | ||
(a) the time for bringing an appeal against the dismissal has expired, | ||
(b) any such appeal has been withdrawn or abandoned, or | ||
(c) on any such appeal, the dismissal is upheld. | ||
(2) In this Part— | ||
(a) references to a conviction of a person for a relevant offence or a sexual offence shall be construed as including references to a conviction of the person for such an offence after a re-trial for that offence, and | ||
(b) references to a conviction of a person for a relevant offence or a sexual offence being quashed shall, subject to subsection (3), be construed as references to where a court hearing an appeal against the conviction makes an order quashing the conviction and, if the court is the Court of Criminal Appeal, either— | ||
(i) it does not order the person to be re-tried for the offence concerned, or | ||
(ii) it does not substitute for the verdict a verdict of guilty of another offence that is a relevant offence or a sexual offence. | ||
(3) A conviction of a person for a relevant offence or a sexual offence shall not be regarded as quashed for the purposes of this Part if an appeal is contemplated, or taken, under section 23 of the Criminal Procedure Act 2010 or, on hearing the appeal, the Supreme Court quashes the acquittal of the person or reverses the decision of the Court of Criminal Appeal, as the case may be, and orders the person to be re-tried for the relevant offence or the sexual offence, as the case may be. | ||
(4) In this Part references to the proceedings in respect of an offence being determined shall be construed as references to where those proceedings are finally determined (including any appeal, whether by way of case stated or otherwise, rehearing or re-trial). |