Commentary on provisions of Act Section 3: Determining when a conviction has been considered by Court of Appeal
Section 3 provides for when a conviction is to be determined as having been "considered by the Court of Appeal" for the purposes of Section 1, by reference to three specified cases set out in subsections 3(2) to 3(4). Where one of the three specified cases applies, that conviction is not affected by this legislation, thus preserving the role and independence of the courts. Where cases are in progress but none of the three cases applies, then the conviction will be quashed by the provisions of Section 1. Therefore, for example convictions in respect of which applications have been made for permission to appeal but have not yet been determined and appeals are in progress but have not been determined will be quashed by the provisions of Section 1.
	Applications and appeals that have been abandoned will also all be quashed by the provisions of Section 1. This is not prevented by Rule 36.13(4)(c) of the Criminal Procedure Rules which provides that the Registrar must treat an abandoned appeal as if it had been refused or dismissed. The rule is only about the administrative treatment of an abandoned appeal. It does not render the application or appeal to have in fact been refused or dismissed for the purposes of Section 3.
	Subsection 3(2) provides for case 1, which applies to convictions where the Court of Appeal has heard an appeal against the conviction and has dismissed the appeal.
	Subsection 3(3) provides for case 2, which applies where the Court of Appeal has refused to give leave to appeal against the conviction.
	Subsection 3(4) provides for case 3 where an appeal has been considered and refused by a single judge of the Court of Appeal, and the Court of Appeal has not subsequently given leave to appeal against the conviction.
	Subsection 3(5) further protects the role of the courts by making clear that nothing in this Act prevents a further appeal against a conviction that has already been considered by the Court of Appeal.
	Subsection 3(6) defines what is meant by the Court of Appeal in England, Wales and Northern Ireland.