Section 12

Right of appeal

1

(1) An individual who has been convicted of an offence under section 10(1) or (3) may appeal against the conviction if -

(a) a temporary exclusion order is quashed, and

(b) the individual could not have been convicted had the quashing occurred before the proceedings for the offence were brought.

(2) An individual who has been convicted of an offence under section 10(3) may appeal against the conviction if -

(a) a notice under section 9, or a permitted obligation imposed by such a notice, is quashed, and

(b) the individual could not have been convicted had the quashing occurred before the proceedings for the offence were brought.

Court in which appeal to be made

2 An appeal under this Schedule is to be made -

(a) in the case of a conviction on indictment in England and Wales or Northern Ireland, to the Court of Appeal;

(b) in the case of a conviction on indictment in Scotland, to the High Court of Justiciary;