Criminal Appeal (Northern Ireland) Act 1980

Procedure from notice of appeal to hearing U.K.

16 Notice of appeal or application for leave. U.K.

(1) Subject to subsection (2) below, a person who wishes to appeal under this Part of this Act to the Court of Appeal, or to obtain the Court’s leave to appeal, shall give notice of appeal, or of his application for leave to appeal, in the prescribed manner within twenty-eight days from the date of the conviction, verdict or finding appealed against or, in the case of an F1 . . . application for leave to appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order.

(2) The time for giving notice of appeal or of application for leave to appeal may be extended at any time by the Court.

(3) The Master shall furnish the necessary forms and instructions in relation to notices of appeal, or notices of application under this Act, to any person who demands them, and to officers of courts, governors of prisons and such other persons as he thinks fit; and governors of prisons shall—

(a) cause the forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application under this Act; and

(b) cause any such notice given by a prisoner in custody to be forwarded on behalf of the prisoner to the Master.

Textual Amendments

F1 Words in s. 16(1) repealed (1.1.1996) by 1995 c. 35, s. 29(1)(2), Sch. 2 para. 12(2), Sch. 3; S.I. 1995/3061, art. 3(h)

Modifications etc. (not altering text)

C1 S. 16(1) modified (N.I.) (24.3.2003) by 2002 c. 29, ss. 165(5)(a), 458(1)(3); S. I. 2003/333, art. 2 Sch. (subject to arts. 3-10 (as amended by S.I. 2003/531, arts. 3, 4))

C2 S. 16(1) modified (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 10(7), 69(1)

[F2 16A Appeals in cases of contempt of court. U.K.

(1) Subject to subsection (2) below, a person who wishes to appeal under section 44 of the Judicature (Northern Ireland) M1 Act 1978 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in the prescribed manner within twenty-eight days from the date of the order or decision appealed against.

(2) The time for giving notice under this section may be extended either before or after its expiry by the Court.]

Textual Amendments

F2 S. 16A inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 73

Marginal Citations

M1 1978 c. 23 (38).

[F3 17 Bail. U.K.

(1) The Court of Appeal may, if it thinks fit—

(a) grant an appellant bail pending the determination of his appeal; or

(b) vary the conditions of bail granted to an appellant in the exercise of the power conferred by paragraph (a) above; or

(c) revoke bail granted to an appellant under paragraph (a) above.

(2) The powers conferred by subsection (1) above may be exercised—

(a) on the application of the appellant; or

(b) if it appears to the Master that any of them ought to be exercised, on a reference to the court by him.]

Textual Amendments

F3 S. 17 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 74

[F4 18 Groundless appeals or applications for leave to appeal. U.K.

If it appears to the Master that a notice of appeal or of application for leave to appeal under this Part of this Act does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court of Appeal for summary determination; and the Court may then, if it considers that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning the proceedings for a full hearing, dismiss the appeal or application for leave summarily without calling on any one to attend the hearing or to appear for the Crown thereon.]

Textual Amendments

F4 S. 18 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 75

19 Legal aid. U.K.

(1) The Court of Appeal may at any time, when it appears to the Court in the case of an appeal [F5 under this Part of this Act] or proceedings preliminary or incidental thereto that it is desirable in the interests of justice that the appellant should have legal aid and that he has not sufficient means to enable him to obtain that aid, assign to the appellant a solicitor and counsel, or counsel only, in the appeal or proceedings.

[F6 (1A) The Crown Court or the Court of Appeal may order that a person shall be given legal aid [F7 in respect] of—

(a) an F8 . . . appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (appeals against orders or rulings at preparatory hearings) [F9 or section 47 of the Criminal Justice Act 2003]; or

[F10 (b) any other appeal to the Court of Appeal under any Northern Ireland legislation (whenever passed or made) from proceedings before the Crown Court; or

(c) an application for leave to appeal in relation to an appeal mentioned in paragraph (a) or (b) above.]

[F11 (1B) The Crown Court or the Court of Appeal may order that an acquitted person shall be given legal aid in respect of an application made in relation to him under section 76 of the Criminal Justice Act 2003.]

(2) If on a question of granting a person free legal aid under this section there is a doubt whether his means are sufficient to enable him to obtain legal aid or whether it is desirable in the interests of justice that he should have free legal aid, the doubt shall be resolved in favour of granting him free legal aid.

(3) The Master shall report to the Court or a judge thereof any case in which it appears to him that, although no application has been made for the purpose, a solicitor and counsel, or counsel only, ought to be assigned to [F12 a person] under the powers conferred on the Court by this section.]

Textual Amendments

F5 Words in s. 19(1) inserted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(2); S.I. 2006/3422, art. 2(c)

F6 S. 19(1A) inserted by S.I. 1988/1846 (N.I. 16), art. 12, Sch. 5 para. 5(1)

F7 Words in s. 19(1A) substituted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(3); S.I. 2006/3422, art. 2(c)

F8 Words in s. 19(1A)(a) omitted (8.1.2007) and repealed (prosp.) by virtue of Criminal Justice Act 2003 (c. 44), ss. 331, 332, 336, Sch. 36 Pt. 6 para. 92(4)(a), Sch. 37; S.I. 2006/3422, art. 2(c)(ii)

F9 Words in s. 19(1A)(a) inserted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(4)(b); S.I. 2006/3422, art. 2(c)

F10 S. 19(1A)(b)(c) substituted (8.1.2007) for s. 19(1A)(b) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(5); S.I. 2006/3422, art. 2(c)

F11 S. 19(1B) inserted (18.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(6); S.I. 2005/950, art. 3(2)(c)

F12 Words in s. 19(3) substituted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(7); S.I. 2006/3422, art. 2(c)

20 Preparation of case for hearing. U.K.

The Master shall—

(a) subject to section 18 of this Act, take all necessary steps for obtaining a hearing of any appeal or application to the Court of Appeal under this Act, notice of which is given to him thereunder; and

(b) obtain and lay before the Court in proper form all documents, exhibits and other things relating to the proceedings in the court of trial which appear necessary for the proper determination of the appeal or application.