Practice and Procedure - Attorney General for Northern Ireland's Reference
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1976 |
| Date | 01 January 1976 |
| Court | House of Lords |
Attorney - General's reference - Legislation coming into force - Making of rules of court safeguarding anonymity condition precedent -Whether valid rule-making power - Interpretation Act, 1889 (52 53 Vict. c. 63), s. 14 -Criminal Appeal (Northern Ireland) Act, 1968 (c.21) (as amended), ss. 48A, 49 (1) - Criminal Justice Act, 1972 (c. 71), ss. 63 (3) 66 (6) (b) -Murder - Soldier on patrol - Fleeing suspect shot - Honest and reasonable, though mistaken, belief that he was a terrorist - Reasonableness of force used a matter of fact and not of law.
By s. 49, sub-s. 1, of the Criminal Appeal (Northern Ireland) Act, 1968, rules might be made under s. 7, sub-s. 1, of the Northern Ireland Act, 1962 "for regulating generally the practice and procedure under Parts I and II of this Act and under Part III of this Act so far as relates to the Court of Criminal Appeal." By section 63 (3) of the Criminal Justice Act, 1972, there was to be inserted in Part IV of the Act of 1968 a new section, 48A, permitting the Attorney-General for Northern Ireland to refer a point...
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