Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

Part II U.K. Appeal to House of Lords [F1 from Court of Appeal]

Textual Amendments

F1 Words in Pt. 2 heading substituted (N.I.) (18.4.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9)), art. 27(2); S.R. 2005/243, art. 2

Reference of point of law U.K.

34 Further reference to [F2 Supreme Court] of point of law following acquittal on indictment. U.K.

(1) Where the Court of Appeal has given its opinion on a point referred to the Court under section 15 of this Act the Court may, of its own motion or in pursuance of an application in that behalf, refer the point to [F3 the Supreme Court] if it appears to the Court that the point ought to be considered by [F3 the Supreme Court] .

(2) If a point is referred to [F4 the Supreme Court] under subsection (1) of this section, [F4 the Supreme Court] shall consider the point and give [F5 the Supreme Court's] opinion on it accordingly; and section 33(1) of this Act shall apply also in relation to any proceedings of [F4 the Supreme Court] under this section.

(3) Where on a point being referred to [F6 the Supreme Court] under this section the acquitted person appears by counsel for the purpose of presenting any argument to [F6 the Supreme Court] , he shall be entitled to his costs, that is to say to the payment [F7 by the Department of Justice] of such sums as are reasonably sufficient to compensate him for his expenses properly incurred for the purpose of being represented on the reference; and any amount recoverable under this subsection shall be ascertained as soon as practicable [F8 under Supreme Court Rules] .

(4) A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.

Textual Amendments

F2 S. 34 sidenote: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(a); S.I. 2009/1604, art. 2(d)

F3 Words in s. 34(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(b); S.I. 2009/1604, art. 2(d)

F4 Words in s. 34(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(c)(i); S.I. 2009/1604, art. 2(d)

F5 Words in s. 34(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(c)(ii); S.I. 2009/1604, art. 2(d)

F6 Words in s. 34(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(d)(i); S.I. 2009/1604, art. 2(d)

F7 Words in s. 34(3) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 17 (with arts. 28-31)

F8 Words in s. 34(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(d)(ii); S.I. 2009/1604, art. 2(d)