Criminal Appeal (Northern Ireland) Act 1980
Part I Appeal to Court of Appeal from Crown Court
Appeal against conviction on indictment
1 Right of appeal against conviction on indictment.
2 Grounds for allowing appeal against conviction.
3 Power to substitute conviction of alternative offence.
3APower to substitute conviction of alternative offence after guilty plea
4 Alteration of sentence on appeal against conviction.
5 Appeal against conviction on special verdict.
Retrial
6 Power to order retrial.
7 Supplementary provisions as to retrial.
Appeal against sentence
8 Appeal against sentence following conviction on indictment.
9 Appeal in other cases dealt with by Crown Court.
10 Supplementary provisions as to appeals against sentence.
10AQuashing of certain confiscation orders: supplementary
Appeal in cases of insanity
11 Appeal against conviction: substitution of finding of insanity.
12 Appeal against finding of not guilty on ground of insanity.
13 Disposal of appeal allowed under s. 12.
Appeal against finding of unfitness to be tried.
13A Appeal against finding of unfitness to be tried.
Appeals following references by the CCRC
13BPower to dismiss certain appeals following references by the CCRC
Review of cases
14 Reference by Secretary of State.
Reference of point of law
15 Reference of point of law following acquittal on indictment.
Procedure from notice of appeal to hearing
16 Notice of appeal or application for leave.
16A Appeals in cases of contempt of court.
17 Bail.
18 Groundless appeals or applications for leave to appeal.
19 Legal aid.
20 Preparation of case for hearing.
Transcripts, documents, etc.
21 Transcripts.
22 Trial documents, etc.
23 Judge’s notes and report.
The hearing
24 Right of appellant to be present.
25 Evidence.
25A Power to order investigations.
26 Additional powers of Court.
Matters depending on result of appeal
27 Restitution of property.
28 Costs.
29 Computation of sentence.
Supplementary
29AEffect of interim hospital orders
30 Interpretation of Part I.
Part II Appeal to House of Lords from Court of Appeal
The appeal
31 Right of appeal to House of Lords.
32 Application for leave to appeal.
33 Hearing and disposal of appeal.
Reference of point of law
34 Further reference to Supreme Court of point of law following acquittal on indictment.
Matters preliminary to hearing
35 Bail.
36 Detention of defendant pending appeal by Crown.
37 Legal aid.
38 Presence of defendant at hearing.
Matters depending on result of appeal
39 Computation of sentence.
40 Restitution of property.
41 Costs.
42 Taxation of costs.
Part III Miscellaneous and Supplementary
Exercise of jurisdiction under this Act by Court of Appeal
43 Jurisdiction of Court of Appeal under this Act.
44 Composition of Court of Appeal sitting under this Act.
45 Powers of Court which are exercisable by single judge.
46 Judgment.
Supplementary
47 Rules of court.
47A Appeals in cases of death.
48 Appeal in capital cases.
49 Saving for prerogative of mercy.
50 Interpretation.
51 Consequential amendments, repeals and transitional provisions.
52 Short title and commencement.
SCHEDULES
SCHEDULE 1 Provisions Applicable on Retrial
Legal Aid
1. . . . . . . . . ....
Evidence
2.—(1) Evidence given at a retrial ordered under section 6...
2ASubject to paragraph 2 above, evidence given orally at the...
Conviction and sentence
3Notwithstanding any rule of law to the contrary, a person...
4Without prejudice to the power of the court to impose...
5Where the person convicted on retrial is sentenced to imprisonment...
SCHEDULE 2 Consequences and Effect of Order under Section 13(6) for Detention in Hospital
1(1) An order for detention under section 13(6) of this...
2A person who is detained in hospital in pursuance of...
SCHEDULE 3
Appeal to Court of Appeal
1The power of the Court of Appeal under section 16...
2In the case of a conviction involving sentence of death—...
Appeal to House of Lords
3The power of the Court of Appeal or the House...
4An application for leave to appeal under Part II of...
5Where an appeal to the Court of Appeal is dismissed...
6Section 32(3) of this Act applies for the construction of...
SCHEDULE 4 Amendments.
The Criminal Justice Act (Northern Ireland) 1945 (c. 15).
1In section 33(4) for the words from “may appeal” to...
2. . . . . . . . . ....
The Geneva Convention Act 1957 (c. 52).
3In section 4 in subsection (1) for the words “section...
4, 5. . . . . . . . . ....
The Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10).
6In section 3(4) for the words “section 13 of the...
7In section 4. . . in subsection (2) for the...
8In section 6 for the words “section 32(2) of the...
The Children and Young Persons Act (Northern Ireland) 1968 (c. 34).
9In section 76(6)(b) for the words “the Criminal Appeal (Northern...
The Criminal Jurisdiction Act 1975 (c. 59).
10In Part II of Schedule 4, in paragraph 5(1)(b) for...
The Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I.4)).
11In Article 4 for the words “or (5)a” substitute the...
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THE NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1978 (C. 5).
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THE JUDICATURE (NORTHERN IRELAND) ACT 1978 (C. 23).
15In section 36(1) for the words “and section 48 of...
16In section 44(6) for the words “Part II” substitute the...
17In section 49(6) for the words “section 20(1)” substitute the...
18In section 120(1) in the definition of “Criminal Appeal Act”...
SCHEDULE 5 Repeals.

Royal arms

Criminal Appeal (Northern Ireland) Act 1980

1980 CHAPTER 47

An Act to consolidate the Criminal Appeal (Northern Ireland) Act l968 and related enactments.