Overview

proviso


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N.

A clause in a statute, deed, or other legal document introducing a qualification or condition to some other provision, frequently the one immediately preceding the proviso itself.

In criminal appellate procedure, applying the proviso occurs when the Court of Appeal uses the power conferred by the proviso to section 2 of the Criminal Appeal Act 1968. This empowers the court to dismiss an appeal if it considers that no miscarriage of justice has occurred, even though it believes that the point raised in the appeal might be decided in favour of the appellant.

Subjects: Law.


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