Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 42 is up to date with all changes known to be in force on or before 29 October 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 42:
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Part 3Appeals
Appeals by defendant
42Power to dismiss certain appeals following references by the CCRC: England and Wales
“Appeals following references by the CCRC
16CPower to dismiss certain appeals following references by the CCRC
(1)
This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 9(1)(a), (5) or (6) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.
(2)
Notwithstanding anything in section 2, 13 or 16 of this Act, the Court of Appeal may dismiss the appeal if—
(a)
the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and
(b)
the condition in subsection (3) is met.
(3)
The condition in this subsection is that if—
(a)
the reference had not been made, but
(b)
the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,
the Court would not think it appropriate to grant the application by exercising the power conferred by section 18(3).”