Criminal Appeal (Northern Ireland) Act 1980

31 Right of appeal to House of Lords. U.K.

(1) Subject to the provisions of this Part of this Act, an appeal lies to the [F1 Supreme Court], at the instance of the defendant or the prosecutor, from any decision of the Court of Appeal on an appeal to that Court under Part I of this Act [F2 or Article 8 (preparatory hearings) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 ][F3 or Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals)].

(1A) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) No appeal lies under this Part of this Act except with the leave of the Court or of [F5 the Supreme Court]; and such leave shall not be granted unless it is certified by the Court that a point of law of general public importance is involved in the decision and it appears to the Court or to [F5 the Supreme Court](as the case may be) that the point is one which ought to be considered by [F5 the Supreme Court].

[F6 (3) In this Part of this Act “the defendant”—

(a) in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court;

(b) in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court;

(c) in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below;

and F7 . . . “prosecutor” shall be construed accordingly.]

Textual Amendments

F1 Words in s. 31(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(2)(a); S.I. 2009/1604, art. 2(d)

F2 Words added by S.I. 1988/1846 (N.I. 16), art. 12, Sch. para. 5(2)

F3 Words in s. 31(1) inserted (N.I) (18.4.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9)), art. 27(3); S.R. 2005/243, art. 2

F4 S. 31(1A) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 92, 94, Sch. 8 para. 146(2), Sch. 14; S.I. 2008/755, art. 2(d)(iii) (subject to arts. 3-14)

F5 Words in s. 31(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(2)(b); S.I. 2009/1604, art. 2(d)

F6 S. 31(3) substituted (18.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 94; S.I. 2005/950, art. 3(2)(c)

F7 Words in s. 31(3) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 92, 94, Sch. 8 para. 146(3), Sch. 14; S.I. 2008/755, art. 2(d)(iii) (subject to arts. 3-14)