Criminal Appeal (Northern Ireland) Act 1980

1. Introductory Text

2. Part I Appeal to Court of Appeal from Crown Court

   1. Appeal against conviction on indictment

      1. 1. Right of appeal against conviction on indictment.

      2. 2. Grounds for allowing appeal against conviction.

      3. 3. Power to substitute conviction of alternative offence.

      4. 3A. Power to substitute conviction of alternative offence after guilty plea

      5. 4. Alteration of sentence on appeal against conviction.

      6. 5. Appeal against conviction on special verdict.

   2. Retrial

      1. 6. Power to order retrial.

      2. 7. Supplementary provisions as to retrial.

   3. Appeal against sentence

      1. 8. Appeal against sentence following conviction on indictment.

      2. 9. Appeal in other cases dealt with by Crown Court.

      3. 10. Supplementary provisions as to appeals against sentence.

      4. 10A. Quashing of certain confiscation orders: supplementary

   4. Appeal in cases of insanity

      1. 11. Appeal against conviction: substitution of finding of insanity.

      2. 12. Appeal against finding of not guilty on ground of insanity.

      3. 13. Disposal of appeal allowed under s. 12.

   5. Appeal against finding of unfitness to be tried.

      1. 13A. Appeal against finding of unfitness to be tried.

   6. Appeals following references by the CCRC

      1. 13B. Power to dismiss certain appeals following references by the CCRC

   7. Review of cases

      1. 14. Reference by Secretary of State.

   8. Reference of point of law

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

   9. Procedure from notice of appeal to hearing

      1. 16. Notice of appeal or application for leave.

      2. 16A. Appeals in cases of contempt of court.

      3. 17. Bail.

      4. 18. Groundless appeals or applications for leave to appeal.

      5. 19. Legal aid.

      6. 20. Preparation of case for hearing.

   10. Transcripts, documents, etc.

       1. 21. Transcripts.

       2. 22. Trial documents, etc.

       3. 23. Judge’s notes and report.

   11. The hearing

       1. 24. Right of appellant to be present.

       2. 25. Evidence.

       3. 25A. Power to order investigations.

       4. 26. Additional powers of Court.

   12. Matters depending on result of appeal

       1. 27. Restitution of property.

       2. 28. Costs.

       3. 29. Computation of sentence.

   13. Supplementary

       1. 29A. Effect of interim hospital orders

       2. 30. Interpretation of Part I.

3. Part II Appeal to House of Lords from Court of Appeal

   1. The appeal

      1. 31. Right of appeal to House of Lords.

      2. 32. Application for leave to appeal.

      3. 33. Hearing and disposal of appeal.

   2. Reference of point of law

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

   3. Matters preliminary to hearing

      1. 35. Bail.

      2. 36. Detention of defendant pending appeal by Crown.

      3. 37. Legal aid.

      4. 38. Presence of defendant at hearing.

   4. Matters depending on result of appeal

      1. 39. Computation of sentence.

      2. 40. Restitution of property.

      3. 41. Costs.

      4. 42. Taxation of costs.

4. Part III Miscellaneous and Supplementary

   1. Exercise of jurisdiction under this Act by Court of Appeal

      1. 43. Jurisdiction of Court of Appeal under this Act.

      2. 44. Composition of Court of Appeal sitting under this Act.

      3. 45. Powers of Court which are exercisable by single judge.

      4. 46. Judgment.

   2. Supplementary

      1. 47. Rules of court.

      2. 47A. Appeals in cases of death.

      3. 48. Appeal in capital cases.

      4. 49. Saving for prerogative of mercy.

      5. 50. Interpretation.

      6. 51. Consequential amendments, repeals and transitional provisions.

      7. 52. Short title and commencement.

5. SCHEDULES

   1. SCHEDULE 1

      Provisions Applicable on Retrial

      1. Legal Aid

         1. 1. . . . . . . . . . ....

      2. Evidence

         1. 2.—. (1) Evidence given at a retrial ordered under section 6...

         2. 2A. Subject to paragraph 2 above, evidence given orally at the...

      3. Conviction and sentence

         1. 3. Notwithstanding any rule of law to the contrary, a person...

         2. 4. Without prejudice to the power of the court to impose...

         3. 5. Where the person convicted on retrial is sentenced to imprisonment...

   2. SCHEDULE 2

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

      1. 1. (1) An order for detention under section 13(6) of this...

      2. 2. A person who is detained in hospital in pursuance of...

   3. SCHEDULE 3

      1. Appeal to Court of Appeal

         1. 1. The power of the Court of Appeal under section 16...

         2. 2. In the case of a conviction involving sentence of death—...

      2. Appeal to House of Lords

         1. 3. The power of the Court of Appeal or the House...

         2. 4. An application for leave to appeal under Part II of...

         3. 5. Where an appeal to the Court of Appeal is dismissed...

         4. 6. Section 32(3) of this Act applies for the construction of...

   4. SCHEDULE 4

      Amendments.

      1. The Criminal Justice Act (Northern Ireland) 1945 (c. 15).

         1. 1. In section 33(4) for the words from “may appeal” to...

         2. 2. . . . . . . . . . ....

      2. The Geneva Convention Act 1957 (c. 52).

         1. 3. In section 4 in subsection (1) for the words “section...

         2. 4, 5. . . . . . . . . . ....

      3. The Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10).

         1. 6. In section 3(4) for the words “section 13 of the...

         2. 7. In section 4. . . in subsection (2) for the...

         3. 8. In section 6 for the words “section 32(2) of the...

      4. The Children and Young Persons Act (Northern Ireland) 1968 (c. 34).

         1. 9. In section 76(6)(b) for the words “the Criminal Appeal (Northern...

      5. The Criminal Jurisdiction Act 1975 (c. 59).

         1. 10. In Part II of Schedule 4, in paragraph 5(1)(b) for...

      6. The Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I.4)).

         1. 11. In Article 4 for the words “or (5)a” substitute the...

         2. 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

         3. 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. THE NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1978 (C. 5).

         1. 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      8. THE JUDICATURE (NORTHERN IRELAND) ACT 1978 (C. 23).

         1. 15. In section 36(1) for the words “and section 48 of...

         2. 16. In section 44(6) for the words “Part II” substitute the...

         3. 17. In section 49(6) for the words “section 20(1)” substitute the...

         4. 18. In section 120(1) in the definition of “Criminal Appeal Act”...

   5. SCHEDULE 5

      Repeals.