Criminal Appeal (Northern Ireland) Act 1980

30 Interpretation of Part I. U.K.

[F1 (1)] In this Part of this Act, unless the context otherwise requires,—

• “appellant” includes a person who has given notice of application for leave to appeal;

• “the court of trial” means, in relation to an appeal, the court from which the appeal lies;

• “insane person” has the meaning given to it by section 1 of the M1 Criminal Justice Act (Northern Ireland) 1966, and “insanity” shall be construed accordingly; and

• “sentence” includes any order of the court of trial made on conviction with reference to the person convicted or his wife or children, and any recommendation of that court as to the making of a deportation order in the case of a person convicted[F2 , but does not include any order under Article 31 of the Access to Justice (Northern Ireland) Order 2003];

and a power of the Court of Appeal to pass sentence includes power to make any such order or recommendation which could lawfully have been made by the court of trial.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (3) In this Part of this Act “sentence” also includes—

(a) a confiscation order made by the Crown Court under the Proceeds of Crime (Northern Ireland) Order 1996;

(b) an order varying such an order;F5 . . .

(c) an order made by the Crown Court varying a confiscation order which was made by the High Court by virtue of Article 24 of the Order of 1996.]

[F6 (d) a confiscation order under Part 4 of the Proceeds of Crime Act 2002 [F7 (but not a determination under section 160A of that Act)];

(e) an order which varies a confiscation order made under Part 4 of the Proceeds of Crime Act 2002 if the varying order is made under section 171, 172 or 179 of that Act (but not otherwise).]

[F8 (4) Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (under which a conviction of an offence for which an order for conditional or absolute discharge is made is deemed not to be a conviction for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.]

Textual Amendments

F1 S. 30 renumbered s. 30(1) (3.2.1995) by 1993 c. 36, Sch. 5 Pt. I para. 3; S.I. 1995/43 arts. 2, 3(3)(b)

F2 Words in s. 30(1) inserted (N.I.) (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), art. 1(2), Sch. 4 para. 5(3) (with art. 45); S.R. 2015/194, art. 2, Sch. (with art. 3)

F3 S. 30(2) repealed (25.8.1996) by virtue of 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. 1 (with s. 62(2))

F4 S. 30(3) inserted (25.8.1996) by S.I. 1996/1299 (N.I. 9) arts. 1(2), 57(1), Sch. 3 para. 5

F5 S. 30(3)(b): word repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1)(3), Sch. 11 para. 9(2), Sch. 12; S. I. 2003/333, art. 2 Sch. (subject to arts. 3-10 (as amended by S.I. 2003/531, arts. 3, 4))

F6 S. 30(3)(d)(e) inserted (24.3.2003) by 2002 c. 29, ss. 456, 458(1)(3), Sch. 11 para. 9(2); S. I. 2003/333, art. 2 Sch. (subject to arts. 3-10 (as amended by S.I. 2003/531, arts. 3, 4))

F7 Words in s. 30(3)(d) inserted (1.6.2015) by Serious Crime Act 2015 (c. 9), s. 88(3)(b), Sch. 4 para. 4; S.R. 2015/190, reg. 3(2)(a)

F8 S. 30(4) inserted (1.1.1998) by S.I. 1996/3160 (NI 24) art. 58(1), Sch. 5 para. 8; S.R. 1997/523 art. 2(i)

Marginal Citations

M1 1966 c. 20