Criminal Appeal (Northern Ireland) Act 1980

32 Application for leave to appeal.U.K.

(1)Subject to subsection (2) below, an application to the Court of Appeal for leave to appeal under this Part of this Act shall be made within the period of [F128] days beginning with the [F2relevant date] ; and an application to [F3the Supreme Court] for such leave shall be made within the period of [F128] days beginning with the date on which the application is refused by the Court.

[F4(1A)In subsection (1), “the relevant date” means—

(a)the date of the Court of Appeal’s decision, or

(b)if later, the date on which the Court gives reasons for its decision.]

(2)[F3The Supreme Court] or the Court may, upon application made at any time by the defendant, extend the time within which an application may be made by him to [F3the Supreme Court] or the Court under subsection (1) above.

(3)An appeal under this Part of this Act shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this Part of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

Textual Amendments

F1Word in s. 32(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, {s. 105 (5)(a)}; S.I. 2005/910, art. 3(x)

F2Words in s. 32(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, {s. 105 (5)(b)}; S.I. 2005/910, art. 3(x)

F4S. 32(1A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, {s. 105 (6)}; S.I. 2005/910, art. 3(x)