Criminal Appeal (Northern Ireland) Act 1980
| Year | 1980 |
Criminal Appeal (NorthernIreland) Act 1980
1980 CHAPTER 47
An Act to consolidate the Criminal Appeal (Northern Ireland) Act 1968 and related enactments.
[1st August 1980]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
PART I
Appeal to Court of Appeal from Crown Court
Appeal against conviction on indictment
1 Right of appeal against conviction on indictment.
1. A person convicted on indictment may appeal to the Court of Appeal against his conviction—
but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or of mixed law and fact, an appeal lies under this section without the leave of the Court.
2 Grounds for allowing appeal against conviction.
(1) Except as provided by this Act, the Court of Appeal shall allow an appeal against conviction where the Court is of opinion—
(a ) that the conviction should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or
(b ) that the judgment of the court of trial should be set aside on the ground of a wrong decision of any question of law; or
(c ) that there was a material irregularity in the course of the trial,
and in any other case shall dismiss the appeal:
Provided that the Court may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.
(2) If the Court allows an appeal against conviction it shall quash the conviction.
(3) An order of the Court quashing a conviction shall, except when under section 6 of this Act the appellant is ordered to be retried, operate as a direction to the chief clerk acting for the court of trial to enter, instead of the record of conviction, a judgment and verdict of acquittal.
3 Power to substitute conviction of alternative offence.
(1) This section applies where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, and on the finding of the jury it appears to the Court of Appeal that the jury must have been satisfied of facts which proved him guilty of that other offence.
(2) The Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the verdict so substituted.
4 Alteration of sentence on appeal against conviction.
(1) Where a person appeals against conviction on an indictment containing two or more counts and the Court of Appeal allows the appeal in respect of part of the indictment, it may in respect of any count on which he remains convicted pass such sentence, in substitution for the sentence passed thereon at the trial, as it thinks proper and is authorised by law for the offence of which he remains convicted on that count.
(2) On an appeal to the Court against conviction the Court shall, if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence authorised by law (whether more or less severe) in substitution therefor as it thinks ought to have been passed; but in no case shall any sentence be increased by reason or in consideration of any evidence that was not given at the trial.
5 Appeal against conviction on special verdict.
(1) This section applies on an appeal against conviction where the jury have found a special verdict.
(2) If the Court of Appeal considers that a wrong conclusion has been arrived at by the court of trial as to the effect of the jury's verdict the Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to it to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the verdict so substituted.
Retrial
6 Power to order retrial.
(1) Where an appeal against conviction is allowed by the Court of Appeal under section 2 of this Act and it appears to the Court that the interests of justice so require, the Court, upon quashing the conviction and any sentence passed thereon, may order the appellant to be retried.
(2) Where, on an appeal to the Court against a sentence imposed upon conviction on indictments, it appears to the Court that there has been a mistrial of the indictment, the Court may quash the conviction, and sentence and may, if it appears to the Court that the interests of justice so require, order the appellant to be retried.
(3) An appellant shall not be retried by virtue of this section for any offence other than—
(a ) the offence of which he was convicted at the original trial;
(b ) any offence of which he could have been convicted at the original trial on an indictment for the first-mentioned offence;
(c ) any offence charged in an alternative count of the indictment in respect of which the jury were discharged from giving a verdict in consequence of that conviction.
7 Supplementary provisions as to retrial.
(1) An appellant who is to be retried for an offence in pursuance of an order under section 6 of this Act shall be tried upon a fresh indictment preferred by the direction of the Court of Appeal and shall be tried before the Crown Court at such place as the Court of Appeal may direct or, if no such direction is given, at the place at which he was originally tried or such other place as the Crown Court may direct.
(2) The Court of Appeal may, upon ordering a retrial under section 6 of this Act, make such orders as appear to the Court to be necessary or expedient—
(a ) for the custody or admission to bail of the appellant pending the retrial; or
(b ) for the retention pending the retrial of any property or money forfeited, restored or paid by virtue of the original conviction or any order made on that conviction.
(3) Where a retrial is ordered under section 6 of this Act in the case of a person who, immediately before the determination of his appeal, was liable to be detained in pursuance of an order or direction under Part III of the Mental Health Act (Northern Ireland) 1961—
(a ) that order or direction shall continue in force pending the retrial as if the appeal had not been allowed; and
(b ) any order made by the Court of Appeal under this section for his custody or admission to bail shall have effect subject to the order or direction under the said Part III.
(4) Schedule 1 to this Act has effect with respect to legal aid for a person ordered under section 6 of this Act to be retried, his retrial, and the sentence which may be passed if the retrial results in his conviction.
Appeal against sentence
8 Appeal against sentence following conviction on indictment.
8. A person convicted on indictment may appeal to the Court of Appeal against the sentence passed on his conviction, unless the sentence is one fixed by law.
9 Appeal in other cases dealt with by Crown Court.
(1) This section has effect for providing rights of appeal to the...
To continue reading
Request your trial