Section 104(1)

This section applies if— the first condition in section 92 is satisfied but no court has proceeded under that section, the prosecutor has evidence which was not available to him on the relevant date, before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and after considering the evidence the court thinks it is appropriate for it to proceed under section 92.

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Source: legislation.gov.uk · retrieved 2026-09-04