The Magistrates' Courts (Northern Ireland) Order 1981

Appeals against conviction or sentence, etc.N.I.

140.—(1) Subject to this Article, a person convicted by a magistrates' court may appeal to a county court,—

(a)whether or not he pleaded guilty, against his sentence;

(b)if he did not plead guilty, against the conviction.

[F1(1A) 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 except for certain purposes) shall not prevent an appeal under this Article, whether against conviction or otherwise.]

(2) In paragraph (1) “sentence” includes any order[F2 passed on the person for the offence, whether on conviction or in subsequent proceedings,] not being—

Sub‐para. (a) rep. by 1996 NI 24

(b)

an order for the payment of costs; or

(c)

any other order subject to a restriction referred to in paragraph 9(1)(b) of Schedule 5.

[F2(2A) A person may appeal to a county court against—

(a)a fine imposed under paragraph (a), or an order made under paragraph (b) or (c), of paragraph 3(1) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);

(b)the dismissal of an application under Part 3 or 4 of that Schedule;

(c)a fine imposed, or an order made, under Article 41(2) orF3 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);

(d)an order made under ArticleF3 or 54(3)(a) of that Order;

(e)an order made under paragraph 3 of Schedule 1A to that Order; or

(f)the dismissal of an application under paragraph 5 of that Schedule (otherwise than to the Crown Court) to make an order under sub-paragraph (1) of that paragraph.]

Para. (3) rep. by 1996 NI 24

(4) A person ordered under[F1 Article 7(1) of the Criminal Justice (Northern Ireland) Order 1996] to give good security for the good behaviour of an offender may appeal to the county court.

F3prosp. insertion by 2002 c. 26 - see SR 2003 No.488 (C.37)

Modifications etc. (not altering text)