280. Determination of application for leave to appeal under section 278

280. Determination of application for leave to appeal under section 278

(1) This section applies to an application for leave to appeal under section 278 that is heard by a single Judge of Appeal under section 315(1).

(2) An application for leave to appeal under section 278 may be refused in relation to any ground of appeal if there is no reasonable prospect that the Court of Appeal would impose a less severe sentence than the sentence first imposed.

(3) An application may be refused under subsection (2) even if the Judge of Appeal considers that there may be a reasonably arguable ground of appeal.

Note

Section 315(2) entitles an unsuccessful applicant to have the application determined by the Court of Appeal.