Mary Henry (Independent)

I move amendment No. 11:

In page 6, between lines 30 and 31, to insert the following:

"(7) Where as a result of an incompatibility between a statutory provision or rule of law and a Convention provision, a person has been convicted of a criminal offence in circumstances where but for the incompatibility or failure the person, would not have been so convicted, or would have been sentenced to a lesser penalty, the Court of Criminal Appeal may on application by that person (including a case where the person was convicted by a court of summary jurisdiction) set aside the conviction or sentence or both and may, if circumstances of the case so warrant, order a retrial.".