Criminal Appeal (Northern Ireland) Act 1980

SCHEDULES

Section 7(4).

SCHEDULE 1 U.K. Provisions Applicable on Retrial

Legal Aid U.K.

1 U.K. [F1 Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981] (grant of certificate to person returned for trial on indictment) shall apply in the case of an appellant who is to be retried by virtue of an order under section 6 of this Act as if he had been committed for trial for the offence or the offences in question, and as if references in [F1 paragraph (2) of the said Article 29] to a magistrates’ court included references to the Court of Appeal.

Textual Amendments

F1 Words substituted by S.I. 1981/228 (N.I. 8), Sch. 3

[F2 Evidence] U.K.

Textual Amendments

F2 Sch. 1 para. 2 and preceding cross-heading substituted (N.I) (18.4.2005) for Sch. 1 para. 2, 2A and preceding cross-heading by The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), arts. 1, 34 (with savings in art. 43); S.R. 2005/242, art. 2

[F3 2.— (1) Evidence given at a retrial ordered under section 6 of this Act must be given orally if it was given orally at the original trial, unless— U.K.

(a) all the parties to the retrial agree otherwise;

(b) Article 20 of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 applies (admissibility of hearsay evidence where a witness is unavailable); or

(c) the witness is unavailable to give evidence, otherwise than as mentioned in paragraph (2) of that Article, and Article 18(1)(d) of that Order applies (admission of hearsay evidence under residual discretion).

(2) On a retrial ordered under section 6 of this Act, Article 42(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial.]

Textual Amendments

F3 Sch. 1 para. 2 and preceding cross-heading substituted (N.I) (18.4.2005) for Sch. 1 para. 2, 2A and preceding cross-heading by The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), arts. 1, 34 (with savings in art. 43); S.R. 2005/242, art. 2

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Conviction and sentence U.K.

3 U.K. Notwithstanding any rule of law to the contrary, a person ordered to be retried under section 6 of this Act may, if found guilty, be convicted on the retrial and the court before whom he is so convicted may pass in respect of the offence of which he is so convicted any sentence authorised by law to be imposed upon a conviction for that offence.

4 U.K. Without prejudice to the power of the court to impose any other sentence, the court before whom a person is convicted on retrial may pass in respect of the offence any sentence lawfully passed in respect of the offence charged on the original conviction notwithstanding that, on the date of the conviction on retrial, that person has ceased to be of an age at which such a sentence could otherwise be passed.

5 U.K. Where the person convicted on retrial is sentenced to imprisonment or other detention, the sentence shall begin to run from the time when such a sentence passed at the original trial would have begun to run; but, in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be disregarded—

(a) any time before his conviction on retrial which would have been disregarded if the sentence had been passed at the original trial and the original conviction had not been quashed; or

(b) any time during which he was at large after being admitted to bail under section 17 of this Act.

Section 13(6).

SCHEDULE 2 U.K. Consequences and Effect of Order under Section 13(6) for Detention in Hospital

1 (1) An order for detention under section 13(6) of this Act shall be sufficient authority for a constable, [F6 an approved social worker] or any other person directed by the Court of Appeal to take the person to whom the order relates and convey him at any time within the period of seven days beginning with the date on which the order was made, to the hospital mentioned in that subsection. U.K.

(2) The Court of Appeal may give such directions as it thinks fit for the conveyance of the person to whom the order relates to a place of safety within the meaning of [F7 Article 129(7) of the Mental Health Order] and his detention therein pending his admission to hospital within the said period of seven days.

(3) Where a person is ordered under section 13(6) of this Act to be detained in a hospital, the order shall be sufficient authority to detain him in the hospital in accordance with the provisions of the [F7 Mental Health Order], as applied by the next following paragraph.

Textual Amendments

F6 Words substituted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I

F7 Words substituted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I

2 U.K. A person who is detained in hospital in pursuance of an order under section 13(6) of this Act shall be treated for the purposes of [F8 the Mental Health Order] as if he had been admitted on the date of the order in pursuance of an application [F8 for assessment duly made under Part II of that Order].

Textual Amendments

F8 Words substituted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I

F9 F9 SCHEDULE 3 U.K.

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Textual Amendments

F9 Sch. 3 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8, Sch. 10; S.I. 2005/910, art. 3(aa)

Section 51(1)

SCHEDULE 4 U.K. Amendments.

Modifications etc. (not altering text)

C1 The text of Schedule 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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

1 U.K. In section 33(4) for the words from “may appeal” to “and that Court” substitute the words “ may appeal under Part I of the Criminal Appeal (Northern Ireland) Act 1980 to the Court of Appeal, and that Court ”.

2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 4 para. 2 repealed by S.I. 1989/1344 (N.I. 15), art. 14(2), Sch. 2

The Geneva Convention Act 1957 (c. 52). U.K.

3 U.K. In section 4 in subsection (1) for the words “section 3(1)(a) of the Criminal Appeal (Northern Ireland) Act 1968” substitute the words “ section 27(1)(a) of the Criminal Appeal (Northern Ireland) Act 1980 ” and in the Table following subsection (1A) for the entry relating to the Criminal Appeal (Northern Ireland) Act 1968 substitute the following entry—

“The Criminal Appeal (Northern Ireland) Act 1980 Section 32(1)”.

4, 5. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 4 paras. 4, 5 repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

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

6 U.K. In section 3(4) for the words “section 13 of the Criminal Appeal (Northern Ireland) Act 1968” and “section 46(2) of the Criminal Appeal (Northern Ireland) Act 1968” substitute the words “ section 6 of the Criminal Appeal (Northern Ireland) Act 1980 ” and “ section 41(2) of the Criminal Appeal (Northern Ireland) Act 1980 ” respectively.

7 U.K. In section 4. . . F12 in subsection (2) for the words “section 32(2)” substitute the words “ section 28(2) ”.

Textual Amendments

F12 Words repealed by S.I. 1982/159, art. 4, Sch. para. 6

8 U.K. In section 6 for the words “section 32(2) of the Criminal Appeal (Northern Ireland) Act 1968” substitute the words “ section 28(2) of the Criminal Appeal (Northern Ireland) Act 1980 ”.

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

9 U.K. In section 76(6)(b) for the words “the Criminal Appeal (Northern Ireland) Act 1968” substitute the words “ section 9 of the Criminal Appeal (Northern Ireland) Act 1980 ”.

The Criminal Jurisdiction Act 1975 (c. 59). U.K.

10 U.K. In Part II of Schedule 4, in paragraph 5(1)(b) for the words “Act 1968” substitute the words “ Act 1980 ”.

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

11 U.K. In Article 4 for the words “or (5)a” substitute the words “ a magistrates’ ” and at the end add the words “ and where under Article 3(1) or (5) the Crown Court orders that a person be returned to prison or to a young offenders centre, that person may appeal against that order in accordance with section 9 of the Criminal Appeal (Northern Ireland) Act 1980 ”.

F13 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 4 para. 12 repealed (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(3), Sch. 7; S.R. 1997/523, art. 2(k)

F14 13 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 4, para. 13 repealed (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(3), Sch. 7; S.R. 1997/523, art. 2(k)

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

F15 14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 4 para. 14 repealed (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(4), Sch. 8 Pt.I

THE JUDICATURE (NORTHERN IRELAND) ACT 1978 (C. 23). U.K.

15 U.K. In section 36(1) for the words “and section 48 of the Criminal Appeal Act, every appeal or reference to the Court of Appeal” substitute the words “ every appeal to the Court of Appeal, other than an appeal under the Criminal Appeal Act, ”.

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

17 U.K. In section 49(6) for the words “section 20(1)” substitute the words “ section 16(1) ”.

18 U.K. In section 120(1) in the definition of “Criminal Appeal Act” for the words “Act 1968” substitute the words “ Act 1980 ” and in the definition of “sentence” for the words “section 35 of the Criminal Appeal (Northern Ireland) Act 1968”, substitute the words “ section 30 of the Criminal Appeal (Northern Ireland) Act 1980 ”.

Section 51(2)

SCHEDULE 5 U.K. Repeals.

Modifications etc. (not altering text)

C2 The text of Schedule 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.