R v Z In the matter of a reference under Section 15 of the Criminal Appeal (NI) Act 1980
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2004 |
| Neutral Citation | [2004] NICA 23 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2004 |
| Date | 30 June 2004 |
1
Neutral Citation no. [2004] NICA 23 Ref:
KERC5003
Judgment: approved by the Court for handing down Delivered:
30. 06.04
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
THE QUEEN
v
Z
________
IN THE MATTER OF A REFERENCE UNDER SECTION 15 OF THE
CRIMINAL APPEAL (NORTHERN IRELAND) ACT 1980
________
Before: Kerr LCJ, Nicholson LJ and Campbell LJ
________
KERR LCJ
Introduction
[1] On 26 May 2004 in the course of a criminal trial Girvan J ruled that the
“Real” Irish Republican Army was not a proscribed organisation for the
purposes of Section 3 of the Terrorism Act 2000. He duly acquitted a number
of defendants who had been charged with belonging to a proscribed
organisation contrary to Section 11(1) of Act of 2000. The organisation
specified in the charges was the “Real” Irish Republican Army.
[2] Section 15 (1) of the Criminal Appeal (Northern Ireland) Act 1980
provides: -
“15 Reference of point of law following acquittal
on indictment
(1) Where a person tried on indictment has been
acquitted (whether in respect of the whole or part
To continue reading
Request your trial
4 cases
-
R v Z (Attorney General for Northern Ireland's Reference)
...R and Z (Appellant) (On Appeal from the Court of Appeal in Northern Ireland) (Northern Ireland) SESSION 2005-06 on appeal from: [2004] NICA 23 OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE LORD BINGHAM OF CORNHILL My Lords, 1 In an indictment dated 11 June 2003, four defendants ......
-
Sheldrake v DPP
... ... 1 Introduction ... 2 1. This is an appeal by way of case stated by the appellant, Peter ... the prescribed limit, contrary to Section 5(1)(b) of the Road Traffic Act 1988 (“the 1988 ... for a person charged with an offence under subsection (1)(b) above to prove that at the time ... provides: “Everyone charged with a criminal offence shall be presumed innocent until proved ... 14 The Justices' Conclusions ... 15 8. The justices held that the provisions of ... Reference to the prevalence and severity of a certain crime ... that passage from Salabiaku , that as a matter of general principle a fair balance must be ... ; section 101 of the Magistrates' Courts Act 1980. There are other cases where the defence is so ... ...
-
Sheldrake v DPP
... ... (Appellant) (Criminal Appeal from Her Majesty's High Court of Justice) ... IN THE CAUSE Attorney General's Reference No 4 of 2002 (On Appeal from the Court of Appeal ... with the courts' interpretative obligation under section 3 of the Human Rights Act 1998 so as to ... evidence in the case, an issue as to the matter in question fit for consideration by the tribunal ... ) section 101 of the Magistrates' Courts Act 1980. Thus, on a charge of selling intoxicating liquor ... 15 The provision challenged in AG v Malta ... ...
-
Attorney General's Reference No. 4 of 2002, Re, [2004] N.R. Uned. 143
...but with different names (for a summary of the history of such developments in the case of the Irish Republican Army see R. v. Z [2004] NICA 23, paras. 28 and 29). They may not all fall within section 3(1)(b) as organisations operating under the same name as one listed in Schedule 2 to the ......