Criminal Appeal (Northern Ireland) Act 1980

Changes over time for: Section 9

Version Superseded: 05/07/2011

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Criminal Appeal (Northern Ireland) Act 1980, Section 9 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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9 Appeal in other cases dealt with by Crown Court.U.K.

(1)This section has effect for providing rights of appeal to the Court of Appeal against sentence where a person is dealt with by the Crown Court otherwise than on conviction on indictment.

(2)An offender who—

(a)has been made the subject of a [F1community order within the meaning of Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996][F2or a youth conference order] or an order for conditional discharge or an order under section 18(1) [F3or (1A)] of the M1Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentence); and

(b)appears or is brought before the Crown Court in circumstances such that the Crown Court has power to deal with him in respect of the offence for which the [F4community order][F5or the youth conference order] or the order for conditional discharge or the order under the said section 18(1) [F3or (1A)] was made; and

(c)is sentenced by the Crown Court for that offence,

shall have the like right of appeal to the Court of Appeal against that sentence as if the Crown Court had immediately before passing it convicted him on indictment for that offence and passed the sentence upon such conviction.

(3)A person—

(a)against whom an order is made by the Crown Court under [F6Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998;]

(b)who is ordered by the Crown Court to be returned to prison or a young offenders centre under Article 3(1) or (5) of the M2Treatment of Offenders (Northern Ireland) Order 1976; or

[F7(c)upon whom a fine is imposed under [F8paragraph (a), or against whom an order is made under paragraph (b) or (c), of paragraph 4(1)]] of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996;

shall have the like right of appeal to the Court of Appeal against that order, F9. . . or fine as if the Crown Court had immediately before making that order, F10. . . or imposing that fine (as the case may be) convicted him on indictment and that order, F11. . . or fine were a sentence passed upon that conviction.

[F12(3A)A person may appeal to the Court of Appeal against a decision under paragraph 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) not to revoke an order which is in force with respect to him; and on such an appeal the Court of Appeal may do anything which the Crown Court could do under that paragraph.

(3B)A person may appeal to the Court of Appeal against the dismissal of an application to the Crown Court under paragraph 5 of Schedule 1A to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) to make an order under sub-paragraph (1) of that paragraph.]

(4)So much of the following provisions of this Act as have effect in relation to an appeal against sentence passed on conviction on indictment shall, with necessary modifications, have effect in relation to appeals under this section.

Textual Amendments

F1S. 9(2)(a) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 4(a)(i); S.R. 1997/523, art. 2(i)

F2Words in s. 9(2)(a) inserted (1.12.2003) by 2002 c. 26, ss. 85, 87, Sch. 12 para. 15(2)(a); S.R. 2003/488, art. 2, Sch.

F3Words inserted by S.I.1989/1344 (N.I. 15), art. 14(1), Sch. 1 para. 28

F4S. 9(2)(b) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 4(a)(ii); S.R. 1997/523, art. 2 (i)

F5Words in s. 9(2)(b) inserted (1.12.2003) by 2002 c. 26, ss. 85, 87, Sch. 12 para. 15(2)(b); S.R. 2003/488, art. 2, Sch.

F6Words in s. 9(3)(a) substituted (31.1.1999) by S.I. 1998/1504 (N.I. 9), s. 65(1), Sch. 5 para. 13; S.R. 1999/25, art. 2(c)

F7S. 9(3)(c) substituted (1.1.1998) for s. 9(3)(c)(d) by S.I. 1996/3160 (N.I. 24), art. 58(1)(3), Sch. 5 para. 4(b)(i); S.R. 1997/523, art. 2(i)

F8Words in s. 9(3)(c) substituted (1.12.2003) by 2002 c. 26, ss. 85, 87, Sch. 12 para. 15(3); S.R. 2003/488, art. 2, Sch.

F9Word in s. 9(3) repealed (1.1.1998) S.I. 1996/3160 (N.I. 24), art. 58(1)(3), Sch. 5 para. 4(b)(ii), Sch. 7; S.R. 1997/523, art. 2(i)

F10Words in s. 9(3) repealed (1.1.1998) S.I. 1996/3160 (N.I. 24), art. 58(1)(3), Sch. 5 para. 4(b)(ii), Sch. 7; S.R. 1997/523, art. 2(i)

F11Word in s. 9(3) repealed (1.1.1998) S.I. 1996/3160 (N.I. 24), art. 58(1)(3), Sch. 5 para. 4(b)(ii), Sch. 7; S.R. 1997/523, art. 2(i)