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

Matters preliminary to hearing U.K.

38 Presence of defendant at hearing. U.K.

A defendant who [F2 has been convicted of an offence and] is detained pending an appeal under this Part of this Act shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where [F3 Supreme Court Rules] or rules of court, as the case may be, authorise him to be present or where [F4 the Supreme Court] or the Court of Appeal, as the case may be, gives him leave to be present.

Textual Amendments

F2 Words inserted by S.I. 1988/1846 (N.I. 16), art. 12, Sch. para. 5(4)

F3 Words in s. 38 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(8)(a); S.I. 2009/1604, art. 2(d)

F4 Words in s. 38 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(8)(b); S.I. 2009/1604, art. 2(d)