sec.436Application to Supreme Court

### sec.436 Application to Supreme Court The person may apply to the Supreme Court— for an offence mentioned in section 435 (1) (a) —to set aside the conviction for the offence on the grounds the person, at the time of failing to comply with the requirement the subject of the offence, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement; or for a contempt mentioned in section 435 (2) (a) —to set aside the finding of guilt and any punishment for the contempt imposed by the court under section 199 (8) on the grounds the person, at the time of failing to comply with the requirement the subject of the contempt, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement. The application must be made within 3 months after the commencement. The court may, at any time, extend the period mentioned in subsection (2) . The court must give a copy of the application to the commission. Within 10 business days after the making of the application, the court must give directions to enable the application to be heard. Subject to any directions given by the court, the application must be heard within 20 business days after the day on which the application is made. s 436 ins 2016 No. 62 s 55 (sec.436-ssec.1) The person may apply to the Supreme Court— for an offence mentioned in section 435 (1) (a) —to set aside the conviction for the offence on the grounds the person, at the time of failing to comply with the requirement the subject of the offence, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement; or for a contempt mentioned in section 435 (2) (a) —to set aside the finding of guilt and any punishment for the contempt imposed by the court under section 199 (8) on the grounds the person, at the time of failing to comply with the requirement the subject of the contempt, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement. (sec.436-ssec.2) The application must be made within 3 months after the commencement. (sec.436-ssec.3) The court may, at any time, extend the period mentioned in subsection (2) . (sec.436-ssec.4) The court must give a copy of the application to the commission. (sec.436-ssec.5) Within 10 business days after the making of the application, the court must give directions to enable the application to be heard. (sec.436-ssec.6) Subject to any directions given by the court, the application must be heard within 20 business days after the day on which the application is made. - (a) for an offence mentioned in section 435 (1) (a) —to set aside the conviction for the offence on the grounds the person, at the time of failing to comply with the requirement the subject of the offence, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement; or - (b) for a contempt mentioned in section 435 (2) (a) —to set aside the finding of guilt and any punishment for the contempt imposed by the court under section 199 (8) on the grounds the person, at the time of failing to comply with the requirement the subject of the contempt, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement.