Criminal Appeal (Northern Ireland) Act 1980 (Version in vigour from 2016-04-15 to )

Consolidated Text

As Enacted

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Cited in

Currency	No known outstanding effects
Coming into Force	15 April 2016

(a) with the leave of the Court; or(b) if ^F2, within 28 days from the date of the conviction, the judge of the court of trial grants a certificate that the case is fit for appeal.shall allow an appeal against conviction if it thinks that the conviction is unsafe; andshall dismiss such an appeal in any other case.(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.

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Criminal Appeal (Northern Ireland) Act 1980
Part I: Appeal to Court of Appeal from Crown Court

Appeal against conviction on indictment

1: Right of appeal against conviction on indictment.: A person convicted on indictment may appeal to the Court of Appeal against his conviction—
2: Grounds for allowing appeal against conviction.
3: Power to substitute conviction of alternative offence.
3A: Power to substitute conviction of alternative offence after guilty plea
4: Alteration of sentence on appeal against conviction.
5: Appeal against conviction on special verdict.

Retrial

6: Power to order retrial.
7: Supplementary provisions as to retrial.

Appeal against sentence

8: Appeal against sentence following conviction on indictment.
9: Appeal in other cases dealt with by Crown Court.
10: Supplementary provisions as to appeals against sentence.
10A: Quashing of certain confiscation orders: supplementary

Appeal in cases of insanity

11: Appeal against conviction: substitution of finding of insanity.
12: Appeal against finding of not guilty on ground of insanity.
13: Disposal of appeal allowed under s. 12.

Appeal against finding of unfitness to be tried.

13A: Appeal against finding of unfitness to be tried.

Appeals following references by the CCRC

13B: Power to dismiss certain appeals following references by the CCRC

Review of cases

14: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference of point of law

15: Reference of point of law following acquittal on indictment.

Procedure from notice of appeal to hearing

16: Notice of appeal or application for leave.
16A: Appeals in cases of contempt of court.
17: Bail.
18: Groundless appeals or applications for leave to appeal.
19: Legal aid.
20: Preparation of case for hearing.: The Master shall—

Transcripts, documents, etc.

21: Transcripts.
22: Trial documents, etc.
23: Judge’s notes and report.

The hearing

24: Right of appellant to be present.
25: Evidence.
25A: Power to order investigations.
26: Additional powers of Court.

Matters depending on result of appeal

27: Restitution of property.
28: Costs.
29: Computation of sentence.

Supplementary

29A: Effect of interim hospital orders
30: Interpretation of Part I.

Part II: Appeal to House of Lords from Court of Appeal

The appeal

31: Right of appeal to House of Lords.
32: Application for leave to appeal.
33: Hearing and disposal of appeal.

Reference of point of law

34: Further reference to Supreme Court of point of law following acquittal on indictment.

Matters preliminary to hearing

35: Bail.
36: Detention of defendant pending appeal by Crown.
37: Legal aid.
38: Presence of defendant at hearing.

Matters depending on result of appeal

39: Computation of sentence.
40: Restitution of property.
41: Costs.
42: Taxation of costs.

Part III: Miscellaneous and Supplementary

Exercise of jurisdiction under this Act by Court of Appeal

43: Jurisdiction of Court of Appeal under this Act.
44: Composition of Court of Appeal sitting under this Act.
45: Powers of Court which are exercisable by single judge.
46: Judgment.: Unless the Court of Appeal directs to the contrary in a case where it considers the question to be one of law on which it would be convenient that separate judgments should be pronounced by the members of the Court, on an appeal under this Act—

Supplementary

47: Rules of court.
47A: Appeals in cases of death.
48: Appeal in capital cases.
49: Saving for prerogative of mercy.
50: Interpretation.
51: Consequential amendments, repeals and transitional provisions.
52: Short title and commencement.

SCHEDULES

SCHEDULE 1 Section 7(4).
Provisions Applicable on Retrial

Legal Aid
Evidence
Conviction and sentence

SCHEDULE 2 Section 13(6).
Consequences and Effect of Order under Section 13(6) for Detention in Hospital

SCHEDULE 3

Appeal to Court of Appeal
Appeal to House of Lords

SCHEDULE 4 Section 51(1)
Amendments.

The Criminal Justice Act (Northern Ireland) 1945 (c. 15).
The Geneva Convention Act 1957 (c. 52).
The Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10).
The Children and Young Persons Act (Northern Ireland) 1968 (c. 34).
The Criminal Jurisdiction Act 1975 (c. 59).
The Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I.4)).
THE NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1978 (C. 5).
THE JUDICATURE (NORTHERN IRELAND) ACT 1978 (C. 23).

SCHEDULE 5 Section 51(2)
Repeals.

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Criminal Appeal (Northern Ireland) Act 1980 (Version in vigour from 2016-04-15 to )

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