Modifications etc. (not altering text)
C1Ss. 1-30 (Pt. I) extended (N.I.) (25.8.1996) by 1996 c. 22, ss. 11(6), 62(1) (with s. 62(2))
A person convicted on indictment may appeal to the Court of Appeal against his [F1conviction—
(a)with the leave of the Court; or
(b)if [F2, within 28 days from the date of the conviction,] the judge of the court of trial grants a certificate that the case is fit for appeal.]
Textual Amendments
F1Words in s. 1 substituted (1.1.1996) by 1995 c. 35, s. 1(2); S.I. 1995/3061, art. 3(a)
F2Words in s. 1(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 15; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
Modifications etc. (not altering text)
C2S. 1 excluded (27.8.1991) (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 10(6), 69(1)
C3S. 1 excluded (N.I.) (25.8.1996) by 1996 c. 22, ss. 11(6), 62(1) (with s. 62(2))
S. 1 excluded (N.I.) (19.2.2001) by 2000 c. 11, ss. 75(8), 128 (with s. 113(1)); S.I. 2001/421, art. 2
C4S. 1 extended (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 12(4)(c)
C5S. 1 excluded (N.I.) (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 5(7), 53(4) (with s. 8(1)(3)); S.I. 2007/2045, art. 2(2)(3) (with art. 3)
C6S. 1 extended (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 3 para. 4(2)(c) (with Sch. 8)
C7S. 1 applied (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 4 para. 4(2)(c)
[F3(1)Subject to the provisions of this Act, the Court of Appeal—
(a)shall allow an appeal against conviction if it thinks that the conviction is unsafe; and
(b)shall dismiss such an appeal in any other case.]
(2)If the Court allows an appeal against conviction it shall quash the conviction.
(3)An order of the Court quashing a conviction shall, except when under section 6 of this Act the appellant is ordered to be retried, operate as a direction to the chief clerk acting for the court of trial to enter, instead of the record of conviction, a judgment and verdict of acquittal.
Textual Amendments
F3S. 2(1) substituted (1.1.1996) by 1995 c. 35, s. 2(2); S.I. 1995/3061, art. 3
Modifications etc. (not altering text)
C8S. 2(1) modified (4.5.2010) by The Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 34(5); S.R. 2010/142, art. 2, Sch. para. 1
(1)This section applies where an appellant has been convicted of an offence [F4to which he did not plead guilty] and the jury could on the indictment have found him guilty of some other offence, and on the finding of the jury it appears to the Court of Appeal that the jury must have been satisfied of facts which proved him guilty of that other offence.
(2)The Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the verdict so substituted.
Textual Amendments
F4Words in s. 3(1) inserted (N.I.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 317(2); S.I. 2004/1629, art. 3(2)(d) (subject to art. 3(3)(4))
(1)This section applies where—
(a)an appellant has been convicted of an offence to which he pleaded guilty,
(b)if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and
(c)it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
(2)The Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the plea so substituted.]
Textual Amendments
F5S. 3A inserted (N.I.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 317(3); S.I. 2004/1629, art. 3(2)(d) (subject to art. 3(3)(4))
[F6(1)Subsection (1A) applies where—
(a)two or more related sentences are passed,
(b)the Court of Appeal allows an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but
(c)the appellant remains convicted of one or more of those offences.
(1A)The Court may, in respect of any related offence of which the appellant remains convicted, pass such sentence, in substitution for the sentence passed thereon at the trial, as it thinks proper and is authorised by law.]
(2)On an appeal to the Court against conviction the Court shall, if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence authorised by law (whether more or less severe) in substitution therefor as it thinks ought to have been passed; but in no case shall any sentence be increased by reason or in consideration of any evidence that was not given at the trial.
[F7(3)For the purposes of subsection (1)(a), two or more sentences are related if—
(a)they are passed on the same day,
(b)they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence, or
(c)they are passed on different days but in respect of counts on the same indictment.
(4)Where—
(a)two or more sentences are related to each other by virtue of subsection (3)(a) or (b), and
(b)any one or more of those sentences is related to one or more other sentences by virtue of subsection (3)(c),
all the sentences are to be treated as related for the purposes of subsection (1)(a).]
Textual Amendments
F6S. 4(1)(1A) substituted (14.7.2008) for s. 4(1) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 18(2); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
F7S. 4(3)(4) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 18(3); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
(1)This section applies on an appeal against conviction where the jury have found a special verdict.
(2)If the Court of Appeal considers that a wrong conclusion has been arrived at by the court of trial as to the effect of the jury’s verdict the Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to it to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the verdict so substituted.
(1)Where an appeal against conviction is allowed by the Court of Appeal under section 2 of this Act and it appears to the Court that the interests of justice so require, the Court, upon quashing the conviction and any sentence passed thereon, may order the appellant to be retried.
(2)Where, on an appeal to the Court against a sentence imposed upon conviction on indictments, it appears to the Court that there has been a mistrial of the indictment, the Court may quash the conviction, and sentence and may, if it appears to the Court that the interests of justice so require, order the appellant to be retried.
(3)An appellant shall not be retried by virtue of this section for any offence other than—
(a)the offence of which he was convicted at the original trial;
(b)any offence of which he could have been convicted at the original trial on an indictment for the first-mentioned offence;
(c)any offence charged in an alternative count of the indictment in respect of which [F8no verdict was given] in consequence of that conviction.
Textual Amendments
F8Words in s. 6(3)(c) substituted (24.7.2006 for E.W. and otherwise 8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 para. 46; S.I. 2006/1835, art. 2(h) (subject to art. 3); S.I. 2006/3422, art. 2
(1)An appellant who is to be retried for an offence in pursuance of an order under section 6 of this Act shall be tried upon a fresh indictment preferred by the direction of the Court of Appeal and shall be tried before the Crown Court at such place as the Court of Appeal may direct or, if no such direction is given, at the place at which he was originally tried or such other place as the Crown Court may direct.
(2)The Court of Appeal may, upon ordering a retrial under section 6 of this Act, make such orders as appear to the Court to be necessary or expedient—
(a)for the custody or admission to bail of the appellant pending the retrial; or
(b)for the retention pending the retrial of any property or money forfeited, restored or paid by virtue of the original conviction or any order made on that conviction.
(3)Where a retrial is ordered under section 6 of this Act in the case of a person who, immediately before the determination of his appeal, was liable to be detained in pursuance of an order or direction under Part III of the M1Mental Health [F9Order (other than under Article 42, 43 or 45 of that Order)]—
(a)that order or direction shall continue in force pending the retrial as if the appeal had not been allowed; and
(b)any order made by the Court of Appeal under this section for his custody or admission to bail shall have effect subject to the order or direction under the said Part III.
[F10(3A)Where a retrial is ordered under section 6 of this Act in the case of a person who, immediately before the determination of his appeal, was liable to be detained in pursuance of a remand under Article 43 of the Mental Health Order or an interim hospital order under Article 45 of that Order, the Court of Appeal may, if it thinks fit, order that he shall continue to be detained in hospital, and in that event Part III of the Mental Health Order shall apply as if he had been ordered under this section to be kept in custody pending his retrial and were detained in pursuance of a transfer direction together with a restriction direction.]
(4)Schedule 1 to this Act has effect with respect to legal aid for a person ordered under section 6 of this Act to be retried, his retrial, and the sentence which may be passed if the retrial results in his conviction.
Textual Amendments
F9Words substituted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
F10S. 7(3A) inserted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
Marginal Citations
A person convicted on indictment may appeal to the Court of Appeal against the sentence passed on his conviction, unless the sentence is one fixed by law.
Modifications etc. (not altering text)
C9S. 8 amended by S.I.1986/595 (N.I. 4), art.51(4)(a)
(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 [F11community order within the meaning of Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996][F12or a youth conference order] or an order for conditional discharge or an order under section 18(1) [F13or (1A)] of the M2Treatment 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 [F14community order][F15or the youth conference order] or the order for conditional discharge or the order under the said section 18(1) [F13or (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 [F16Article 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 M3Treatment of Offenders (Northern Ireland) Order 1976; or
F17[(c)upon whom a fine is imposed under [F18paragraph (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, F19. . . or fine as if the Crown Court had immediately before making that order, F20. . . or imposing that fine (as the case may be) convicted him on indictment and that order, F21. . . or fine were a sentence passed upon that conviction.
[F22(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.]
[F23(3C)A person who—
(a)is convicted of any offence by a magistrates' court, and
(b)is committed by that court to the Crown Court under section 218 of the Proceeds of Crime Act 2002 in respect of that offence,
may appeal to the Court of Appeal against any sentence passed on him for that offence by the Crown Court.]
(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
F11S. 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)
F12Words 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.
F13Words inserted by S.I.1989/1344 (N.I. 15), art. 14(1), Sch. 1 para. 28
F14S. 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)
F15Words 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.
F16Words 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)
F17S. 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)
F18Words 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.
F19Word 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)
F20Words 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)
F21Word 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)
F22S. 9(3A)(3B) inserted (1.12.2003) by 2002 c. 26, ss. 85, 87, Sch. 12 para. 15(4); S.R. 2003/488, art. 2, Sch.
F23S. 9(3C) inserted (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 99, 111(3); S.R. 2011/224, art. 2
Marginal Citations
(1)An appeal against sentence, whether under section 8 or section 9 of this Act, lies only with the leave of the Court of Appeal.
(2)Where the Crown Court has passed on an offender two or more sentences in the same proceedings, being sentences against which an appeal lies under section 8 or 9 of this Act, an appeal or application for leave to appeal against any one of those sentences shall be treated as an application in respect of both or all of them; and for the purpose of this subsection two or more sentences shall be treated as passed in the same proceedings if—
(a)they are passed on the same day, or
(b)they are passed on different days, but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence.
(3)On an appeal to the Court against sentence under section 8 or 9 of this Act the Court shall, if it thinks that a different sentence should have been passed, quash the sentence passed by the Crown Court and pass such other sentence authorised by law (whether more or less severe) in substitution therefor as it thinks ought to have been passed; but in no case shall any sentence be increased by reason or in consideration of any evidence that was not given at the Crown Court.
[F24(3A)Where the Court of Appeal exercises its power under subsection (3) to quash a confiscation order, the Court may, instead of passing a sentence in substitution for that order, direct the Crown Court to proceed afresh under the relevant enactment.
(3B)When proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make.
(3C)For the purposes of this section—
“confiscation order” means a confiscation order made under—
Article 4 or 5 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990,
Article 8 of the Proceeds of Crime (Northern Ireland) Order 1996, or
section 156 of the Proceeds of Crime Act 2002;
“relevant enactment”, in relation to a confiscation order quashed under subsection (3), means the enactment under which the order was made.]
[F25(4)The power of the Court under section 4(2) of this Act or subsection (3) above to pass a sentence which the Crown Court has power to pass for an offence shall, notwithstanding that the Crown Court made no order under section 19(1) of the Treatment of Offenders Act (Northern Ireland) 1968 M4in respect of a suspended sentence or order for detention previously passed or made on or in relation to the appellant for another offence, include power to deal with the appellant in respect of that sentence or order for detention where the Crown Court made no order in respect of it.]
[F26(5)The fact that an appeal is pending against an interim hospital order under Article 45 of the Mental Health Order shall not affect the power of the Crown Court to renew or terminate the order or to deal with the appellant on its termination; and where the Court of Appeal quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or admitted to bail pending his being dealt with by the Crown Court.
(6)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F24S. 10(3A)-(3C) inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 141(2), 182(5) (with s. 180, Sch. 22 para. 39); S.I. 2010/145, art. 2(2), Sch. para. 11
F25S. 10(4) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 72
F26S. 10(5)(6) added by S.I.1986/595.(N.I. 4), art. 51(6), 136(1), Sch. 5 Pt.I
F27S. 10(6) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 149, 153(7)(8), Sch. 8 para. 19, Sch. 28 Pt. 3; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 50(3)(c) (subject to Sch. 2)
Modifications etc. (not altering text)
C10S. 10(1) excluded (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 10(6), 69(1)
S. 10(1) excluded (N.I.) (19.2.2001) by 2000 c. 11, ss. 75(8), 128 (with s. 113(1)); S.I. 2001/421, art. 2
C11S. 10(1) excluded (N.I.) (25.8.1996) by 1996 c. 22, ss. 11(6), 62(1) (with s. 62(2))
C12S. 10(1) excluded (N.I.) (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 5(7), 53(4) (with s. 8(1)(3)); S.I. 2007/2045, art. 2(2)(3) (with art. 3)
Marginal Citations
(1)This section applies where the Court of Appeal—
(a)quashes a confiscation order under section 10(3) (“the quashed order”), and
(b)under section 10(3A), directs the Crown Court to proceed afresh under the relevant enactment.
(2)Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 10(3A).
(3)Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings.
(4)In this section “confiscation order” and “relevant enactment” have the same meaning as in section 10(3C).]
Textual Amendments
F28S. 10A inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 141(3), 182(5) (with s. 180, Sch. 22 para. 39); S.I. 2010/145, art. 2(2), Sch. para. 11
(1)If, on an appeal, it appears to the Court of Appeal that, although the appellant did the act or made the omission charged against him, he was an insane person at the time the act was done or the omission made, the Court may—
(a)quash the conviction and direct that a finding of not guilty on the ground of insanity be entered; and
(b)quash the sentence passed at the trial and make any such order as may be made under [F30Article 50A(2) of the Mental Health Order (powers to deal with persons found not guilty by reason of insanity)]]
[F31(2)If, on an appeal, it appears to the Court of Appeal that the case is not one where there should have been a verdict of acquittal, but that there should have been a [F32findings that the accused was unfit to be tried and that he did the act or made the omission charged against him], the Court may—
(a)quash the conviction and any sentence passed at the trial; and
(b)make any such order as may be made under [F33Article 5OA(2) of the Mental Health Order (powers to deal with persons found unfit to be tried)]]
Textual Amendments
F29By S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I it is provided that section 11 is renumbered as subsection (1) of that section
F30Words in s. 11(1)(b) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 5(a) ; S.R. 1997/523, art. 2(i)
F31S. 11(2) inserted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
F32Words in s. 11(2) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 5(b)(i); S.R. 1997/523, art. 2(i)
F33Words in s. 11(2)(b) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 5(b)(ii); S.R. 1997/523, art. 2(i)
(1)A person in whose case a finding is recorded under [F34Article 50(1) of the Mental Health Order] that he was not guilty of the offence charged on the ground of insanity may appeal [F35to the Court of Appeal against the finding-
(a)with the leave of the court; or
(b)if [F36, within 28 days from the date of the finding,] the judge of the court of trial grants a certificate that the case is fit for appeal.]
[F37(2)Subject to subsection (4) below, the Court—
(a)shall allow an appeal under this section if it thinks that the finding is unsafe; and
(b)shall dismiss such an appeal in any other case.]
(4)Where but for this subsection—
(a)an appeal under this section would fall to be allowed; and
(b)none of the grounds for allowing it relates to the question of the insanity of the appellant,
the Court may dismiss the appeal if of opinion that but for the insanity of the accused the proper verdict would have been that he was guilty of an offence other than the offence charged.
Textual Amendments
F34Words substituted by S.I. 1986/595 (N.I. 4), arts. 52(6), 136(1), Sch. 5 Pt. I
F35Words in s. 12(1) substituted (1.1.1996) by 1995 c. 35, ss. 1(4), 32(1); S.I. 1995/3061, art. 3(a)
F36Words in s. 12(1)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 16; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
F37S. 12(2) substituted (1.1.1996) for s. 12(2)(3) by 1995 c. 35, ss. 2(4), 32(1); S.I. 1995/3061, art. 3(a)
Modifications etc. (not altering text)
C13S. 12 modified (N.I.) (31.3.1997) by 1995 c. 35, ss. 10(6), 32(1); S.I. 1997/402, art. 3(c)
C14S. 12 extended (N.I.) (27.7.1999) by 1999 c. 25, s. 3(1)
S. 12 modified (N.I.) (27.7.1999) by 1999 c. 25, s. 3(2)
C15S. 12(2) modified (4.5.2010) by The Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 34(5); S.R. 2010/142, art. 2, Sch. para. 1
(1)The following provisions apply where an appeal under section 12 of this Act is allowed in accordance with that section.
(2)If the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand, but the Court of Appeal is of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the Court—
(a)shall substitute for the finding of not guilty on the ground of insanity a verdict of guilty of that offence; and
(b)subject to subsection (3) below, shall have the like powers of punishing or otherwise dealing with the appellant and all other powers as the court of trial would have had if the jury had returned that verdict.
(3)Where the offence mentioned in subsection (2) above is one for which the sentence fixed by law is one of death or of imprisonment for life, the sentence shall (whatever the circumstances) be one of imprisonment for life.
(4)In a case where the Court allows an appeal under section 12 above but subsection (2) of this section does not apply, the Court shall substitute for the finding of the jury a verdict of acquittal.
(5)An order of the Court allowing an appeal under section 12 of this Act shall operate as a direction to the chief clerk acting for the court of trial to amend the record to conform with the order.
[F38(5A)Where, on an appeal under section 12, the Court is of opinion that the case is not one where there should have been a verdict of acquittal but that there should have been [F39findings that the accused was unfit to be tried and that he did the act or made the omission charged against him, the court may make any such order as may be made under Article 50A(2) of the Mental Health Order (powers to deal with persons found not guilty of insanity)]]
(6)Where in accordance with subsection (4) of this section the Court substitutes a verdict of acquittal for a finding of not guilty on the ground of insanity, any order previously made in consequence of that finding under [F40Article 50A(2)] of the Mental Health [F41Order] shall cease to have effect, so however that if the Court is of opinion—
[F42(a)that the appellant is suffering from mental disorder of a nature or degree which warrants his detention in a hospital for assessment (or for assessment followed by medical treatment); and
(b)that failure to so detain him would create a substantial likelihood of serious physical harm to himself or to other persons.]
[F43the Court shall make an order that the appellant be admitted for assessment to such hospital as may be specified by the Department of Health and Social Services]; and Schedule 2 to this Act shall apply as to the consequences and effect of an order made by the Court under this subsection.
Textual Amendments
F38S. 13(5A) inserted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
F39Words in s. 13(5A) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24) art. 58(1), Sch. 5, para. 6(a); S.R. 1997/523, art. 2(i)
F40Words in s. 13(6) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24) art. 58(1), Sch. 5, para. 6(b)(i); S.R. 1997/523, art. 2(i)
F41Word substituted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
F42S. 13(6)(a)(b) substituted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
F43Words in s. 13(6) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24) art. 58(1), Sch. 5, para. 6(b)(i); S.R. 1997/523, art. 2(i)
Modifications etc. (not altering text)
C16S. 13 modified (N.I.) (27.7.1999) by 1999 c. 25, s. 3(2)
Textual Amendments
F44S. 13A inserted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
(1)Where there has been a determination under Article 49 of the Mental Health Order of the question of a person’s fitness to be tried, and [F45there has been][F46findings that he is unfit to be tried and that he did the act or made the omission charged against him, the person may appeal to the Court of Appeal against either or both of those findings.]
[F47(2)An appeal under this section lies only—
(a)with the leave of the Court; or
(b)if [F48, within 28 days from the date of the finding that the person did the act or made the omission charged,] the judge of the court of trial grants a certificate that the case is fit for appeal.]
[F49(3)The Court—
(a)shall allow an appeal under this section if it thinks that [F50a finding] is unsafe; and
(b)shall dismiss such an appeal in any other case F51. . ..]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)[F52Where the Court of Appeal allows an appeal under this section against a finding that the appellant is unfit to be tried], the appellant may be tried accordingly for the offence with which he was charged, and the Court may make such orders as appear to it to be necessary or expedient pending any such trial for his custody, admission to bail or continued detention under the Mental Health Order.
(7)Where an order is made by the Court under subsection (6) above for a person’s continued detention under the Mental Health Order, Part III of that Order shall apply to him as if he had been ordered under that subsection to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction.]
[F53(8)Where, otherwise than in a case falling within subsection (6) above, the Court of Appeal allows an appeal under this section against a finding that the appellant did the act or made the omission charged against him, the Court shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity).]
Textual Amendments
F45Words in s. 13A(1) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 12; S.I. 2005/579, art. 3(g)
F46Words in s. 13A(1) substituted (1.1.1998) by S.I. 1996/3160(N.I. 24) art. 58(1), Sch. 5 para. 7(a); S.R. 1997/523, art. 2(g)
F47S. 13A(2) substituted (1.1.1996) by 1995 c. 35, ss. 1(6), 32(1); S.I. 1995/3061, art. 3(a)
F48Words in s. 13A(2)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 17; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
F49S. 13A(3) substituted (1.1.1996) for s. 13A(3)(4) by 1995 c. 35, s. 2(6); S.I. 1995/3061, art. 3(a)
F50Words in s. 13A(3)(a) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153(7)(8), Sch. 26 para. 6; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 48(d) (subject to Sch. 2)
F51Words in s. 13A(3) repealed (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1)(3), Sch. 5 para. 7(b), Sch. 7; S.R. 1997/523, art. 2(g)(i)(k)
F52Words in s. 13A(6) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 7(d); S.R. 1997/523, art. 2(g)
F53S. 13A(8) added (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 7(e); S.R. 1997/523, art. 2(g)
Textual Amendments
F54S. 13B and preceding cross-heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 43, 148, 153(7)(8) (with Sch. 27 para. 15); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 22 (subject to Sch. 2)
(1)This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 10(1)(a), (6) or (7) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.
(2)Notwithstanding anything in section 2, 12 or 13A of this Act, the Court of Appeal may dismiss the appeal if—
(a)the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and
(b)the condition in subsection (3) is met.
(3)The condition in this subsection is that if—
(a)the reference had not been made, but
(b)the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,
the Court would not think it appropriate to grant the application by exercising the power conferred by section 16(2).]
Textual Amendments
F55S. 14 repealed (31.3.1997) by 1995 c. 35, ss. 3, 29(2), Sch.3; S.I. 1997/402, art. 3(f) (subject to savings in art. 4)
(1)Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the [F56Director of Public Prosecutions for Northern Ireland] may, if he desires the opinion of the Court of Appeal on a point of law which has arisen in the case, refer that point to the Court, and the Court shall, in accordance with this section, consider the point and give the Court’s opinion on it.
(2)For the purpose of the Court’s consideration of a point referred to it under this section, the Court shall hear argument—
(a)by, or by counsel on behalf of, the [F56Director of Public Prosecutions for Northern Ireland]; and
(b)if the acquitted person desires to present any argument to the Court, by counsel on his behalf or, with the leave of the Court, by the acquitted person himself.
(3)Where on a point being referred to the Court under this section the acquitted person appears by counsel for the purpose of presenting any argument to the Court, he shall be entitled to his costs, that is to say to the payment [F57by the Department of Justice] of such sums as are reasonably sufficient to compensate him for his expenses properly incurred for the purpose of being represented on the reference; and any amount recoverable under this subsection shall be ascertained as soon as practicable by the Master (Taxing Office).
(4)A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.
Textual Amendments
F56Words in s. 15(1)(2)(a) substituted (12.4.2010) by 2002 c. 26, ss. 41(1)(6), 87; S.R. 2010/113, art. 2, Sch. para. 12
F57Words in s. 15(3) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 14 (with arts. 28-31)
(1)Subject to subsection (2) below, a person who wishes to appeal under this Part of this Act to the Court of Appeal, or to obtain the Court’s leave to appeal, shall give notice of appeal, or of his application for leave to appeal, in the prescribed manner within twenty-eight days from the date of the conviction, verdict or finding appealed against or, in the case of an F58. . . application for leave to appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order.
(2)The time for giving notice of appeal or of application for leave to appeal may be extended at any time by the Court.
(3)The Master shall furnish the necessary forms and instructions in relation to notices of appeal, or notices of application under this Act, to any person who demands them, and to officers of courts, governors of prisons and such other persons as he thinks fit; and governors of prisons shall—
(a)cause the forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application under this Act; and
(b)cause any such notice given by a prisoner in custody to be forwarded on behalf of the prisoner to the Master.
Textual Amendments
F58Words in s. 16(1) repealed (1.1.1996) by 1995 c. 35, s. 29(1)(2), Sch. 2 para. 12(2), Sch. 3; S.I. 1995/3061, art. 3(h)
Modifications etc. (not altering text)
C17S. 16(1) modified (N.I.) (24.3.2003) by 2002 c. 29, ss. 165(5)(a), 458(1)(3); S. I. 2003/333, art. 2 Sch. (subject to arts. 3-10 (as amended by S.I. 2003/531, arts. 3, 4))
C18S. 16(1) modified (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 10(7), 69(1)
C19S. 16(1) modified (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 2 para. 3(2)(a)
(1)Subject to subsection (2) below, a person who wishes to appeal under section 44 of the Judicature (Northern Ireland) M5Act 1978 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in the prescribed manner within twenty-eight days from the date of the order or decision appealed against.
(2)The time for giving notice under this section may be extended either before or after its expiry by the Court.]
Textual Amendments
F59S. 16A inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 73
Marginal Citations
M5 1978 c. 23 (38).
(1)The Court of Appeal may, if it thinks fit—
(a)grant an appellant bail pending the determination of his appeal; or
(b)vary the conditions of bail granted to an appellant in the exercise of the power conferred by paragraph (a) above; or
(c)revoke bail granted to an appellant under paragraph (a) above.
(2)The powers conferred by subsection (1) above may be exercised—
(a)on the application of the appellant; or
(b)if it appears to the Master that any of them ought to be exercised, on a reference to the court by him.]
Textual Amendments
F60S. 17 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 74
If it appears to the Master that a notice of appeal or of application for leave to appeal under this Part of this Act does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court of Appeal for summary determination; and the Court may then, if it considers that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning the proceedings for a full hearing, dismiss the appeal or application for leave summarily without calling on any one to attend the hearing or to appear for the Crown thereon.]
Textual Amendments
F61S. 18 substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 75
(1)The Court of Appeal may at any time, when it appears to the Court in the case of an appeal [F62under this Part of this Act] or proceedings preliminary or incidental thereto that it is desirable in the interests of justice that the appellant should have legal aid and that he has not sufficient means to enable him to obtain that aid, assign to the appellant a solicitor and counsel, or counsel only, in the appeal or proceedings.
[F63(1A)The Crown Court or the Court of Appeal may order that a person shall be given legal aid [F64in respect] of—
(a)an F65. . . appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (appeals against orders or rulings at preparatory hearings) [F66or section 47 of the Criminal Justice Act 2003]; or
[F67(b)any other appeal to the Court of Appeal under any Northern Ireland legislation (whenever passed or made) from proceedings before the Crown Court; or
(c)an application for leave to appeal in relation to an appeal mentioned in paragraph (a) or (b) above.]
[F68(1B)The Crown Court or the Court of Appeal may order that an acquitted person shall be given legal aid in respect of an application made in relation to him under section 76 of the Criminal Justice Act 2003.]
(2)If on a question of granting a person free legal aid under this section there is a doubt whether his means are sufficient to enable him to obtain legal aid or whether it is desirable in the interests of justice that he should have free legal aid, the doubt shall be resolved in favour of granting him free legal aid.
(3)The Master shall report to the Court or a judge thereof any case in which it appears to him that, although no application has been made for the purpose, a solicitor and counsel, or counsel only, ought to be assigned to [F69a person] under the powers conferred on the Court by this section.]
Textual Amendments
F62Words in s. 19(1) inserted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(2); S.I. 2006/3422, art. 2(c)
F63S. 19(1A) inserted by S.I. 1988/1846 (N.I. 16), art. 12, Sch. 5 para. 5(1)
F64Words in s. 19(1A) substituted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(3); S.I. 2006/3422, art. 2(c)
F65Words in s. 19(1A)(a) omitted (8.1.2007) and repealed (prosp.) by virtue of Criminal Justice Act 2003 (c. 44), ss. 331, 332, 336, Sch. 36 Pt. 6 para. 92(4)(a), Sch. 37; S.I. 2006/3422, art. 2(c)(ii)
F66Words in s. 19(1A)(a) inserted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(4)(b); S.I. 2006/3422, art. 2(c)
F67S. 19(1A)(b)(c) substituted (8.1.2007) for s. 19(1A)(b) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(5); S.I. 2006/3422, art. 2(c)
F68S. 19(1B) inserted (18.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(6); S.I. 2005/950, art. 3(2)(c)
F69Words in s. 19(3) substituted (8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 92(7); S.I. 2006/3422, art. 2(c)
The Master shall—
(a)subject to section 18 of this Act, take all necessary steps for obtaining a hearing of any appeal or application to the Court of Appeal under this Act, notice of which is given to him thereunder; and
(b)obtain and lay before the Court in proper form all documents, exhibits and other things relating to the proceedings in the court of trial which appear necessary for the proper determination of the appeal or application.
(1)Rules of court may provide—
(a)for the making of a record (whether by means of short-hand notes, by mechanical means or otherwise) of any proceedings in respect of which an appeal lies (with or without leave) to the Court of Appeal under this Part of this Act;
(b)for the making and verification of a transcript of any such record and for supplying the transcript, on payment of such charge, if any, as may be fixed for the time being by the [F70Department of Finance and Personnel], to the Master for the use of the Court or any judge thereof, and to such other persons and in such circumstances as may be prescribed.
(2)Without prejudice to subsection (1) above, the [F71Department of Justice] may, if [F72it] thinks fit in any case, direct that a transcript shall be made of any such record made in pursuance of the rules and shall be supplied to [F72it].
(3)The cost—
(a)of making any such record in pursuance of the rules; and
(b)of making and supplying in pursuance of this section any transcript ordered to be supplied to the Master or the [F71Department of Justice],
shall be defrayed, in accordance with scales of payment fixed for the time being by the [F73Department of Finance and Personnel], [F74by the Department of Justice], and the cost of providing and installing at any court any equipment required for the purpose of making any such record or transcript shall also be defrayed [F75by the Department of Justice].
Textual Amendments
F70Words in s. 21(1)(b) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 15(2) (with arts. 28-31)
F71Words in s. 21(2)(3) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 15(3) (with arts. 28-31)
F72Words in s. 21(2) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 15(4) (with arts. 28-31)
F73Words in s. 21(3) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 15(5)(a) (with arts. 28-31)
F74Words in s. 21(3) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 15(5)(b) (with arts. 28-31)
F75Words in s. 21(3) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 15(5)(c) (with arts. 28-31)
Any documents, exhibits or other things connected with the proceedings on a trial on indictment shall be kept in the custody of the court of trial, in accordance with such provisions as may be prescribed, for such time as may be prescribed and subject to such power as may be prescribed for the conditional release of any such documents, exhibits or things from that custody.
In the case of an appeal under this Part of this Act, or an application for leave to appeal thereunder, the judge of the court of trial shall, on request, furnish to the Master in the prescribed manner his notes of the trial and a report giving his opinion upon the case or any point arising in it.
(1)Except as provided by this section, an appellant shall be entitled to be present, if he desires it, on the hearing of his appeal, although he may be in custody.
(2)A person in custody shall not be entitled to be present—
(a)where the appeal is on some ground involving a question of law alone; or
(b)on any proceedings preliminary or incidental to an appeal;
unless rules of court provide that he is to be so entitled or the Court of Appeal gives him leave to be present; nor shall he be so entitled where he is in custody in consequence of a finding of not guilty on the ground of insanity [F76or of a finding of unfitness to be tried].
[F77(2A)The Court of Appeal may at any time give a live link direction in relation to any proceedings at which the appellant is expected to be in custody but is entitled to be present.
(2B)For this purpose—
(a)a “live link direction” is a direction that the appellant (if he is being held in custody at the time of the proceedings) is to attend the proceedings through a live link from the place at which he is held; and
(b)“live link” means an arrangement by which the appellant is able to see and hear, and to be seen and heard by, the Court of Appeal (and for this purpose any impairment of eyesight or hearing is to be disregarded)
(2C)The Court of Appeal—
(a)shall not give a live link direction unless—
(i)the appellant has consented to the direction; and
(ii)any other party to the appeal has had the opportunity to make representations about the giving of such a direction; and
(b)may rescind a live link direction at any time before or during any proceedings to which it applies (whether of its own motion or on the application of a party).
(2D)The Court of Appeal must not give a live link direction unless—
(a)it has been notified by the Secretary of State that a live link is available between the Court and the institution at which the appellant is expected to be in custody; and
(b)the notice has not been withdrawn.]
(3)The power of the Court to pass sentence may be exercised notwithstanding that the appellant is for any reason not present.
Textual Amendments
F76Words added by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
F77S. 24(2A)-(2D) inserted (N.I.) (2.2.2009) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1, 83(1); S.R. 2008/472, art. 2(4), Sch. Pt. 4
(1)For the purposes of [F78an appeal [F79, or an application for leave to appeal,] under] this Part of this Act, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—
(a)order the production of any document, exhibit, or other thing connected with the proceedings, the production of which appears to the Court necessary for the determination of the case;
[F80(b)order any witness to attend and be examined before the Court (whether or not he was called at the trial); and]
[F81(c)receive any evidence which was not adduced at the trial.]
[F82(1A)The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—
(a)the Court;
(b)the appellant;
(c)the respondent.]
[F83(2)The Court of Appeal shall, in considering whether to receive any evidence, have regard in particular to—
(a)whether the evidence appears to the Court to be capable of belief;
(b)whether it appears to the Court that the evidence may afford any ground for allowing the appeal;
(c)whether the evidence would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and
(d)whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.]
(3)Subsection (1)(c) above applies to any [F84evidence of a] witness (including the appellant) who is competent but not compellable F85. . ..
[F86(4)A live link direction under section 24(2A) does not apply to the giving of oral evidence by the appellant at any hearing unless that direction, or any subsequent direction of the court, provides expressly for the giving of such evidence through a live link.]
[F87(4)In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.]
Textual Amendments
F78Words in s. 25(1) inserted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 12(3); S.I. 1995/3061, art. 3(h)
F79Words in s. 25(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 22(2); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
F80S. 25(1)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 22(3); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
F81S. 25(1)(c) substituted (1.1.1996) by 1995 c. 35, s. 4(2)(a); S.I. 1995/3061, art. 3(a)
F82S. 25(1A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 22(4); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
F83S. 25(2) substituted (1.1.1996) by 1995 c. 35, s. 4(2)(b); S.I. 1995/3061, art. 3(a)
F84Words in s. 25(3) inserted (1.1.1996) by 1995 c. 35, s. 4(2)(c); S.I. 1995/3061, art. 3(a)
F85Word in s. 25(3) repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1995/3061, art. 3(i)
F86S. 25(4) inserted (N.I.) (2.2.2009) "after subsection (3)" by virtue of The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1, 83(2); S.R. 2010/472, art. 2(4), Sch. Pt. 4
F87S. 25(4) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 22(5); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
(1)On an appeal against conviction [F89or an application for leave to appeal against conviction,] the Court of Appeal may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—
(a)[F90in the case of an appeal,]the matter is relevant to the determination of the [F91appeal] and ought, if possible, to be resolved before the [F92appeal] is determined;
[F93(aa)in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;]
(b)an investigation of the matter by the Commission is likely to result in the Court being able to resolve it; and
(c)the matter cannot be resolved by the Court without an investigation by the Commission.
[F94(1A)A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 45 below.]
(2)A direction by the Court under subsection (1) above shall be given in writing and shall specify the matter to be investigated.
(3)Copies of such a direction shall be made available to the appellant and the respondent.
(4)Where the Commission have reported to the Court of Appeal on any matter which they have been directed under subsection (1) above to investigate, the Court—
(a)shall notify the appellant and the respondent that the Commission have reported; and
(b)may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.
[F95(5)In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.]]
Textual Amendments
F88S. 25A inserted (31.3.1997) by 1995 c. 35, s. 5(2); S.I. 1997/402, art. 3(a)
F89Words in s. 25A(1) inserted (N.I.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 336, s. 314(2); S.I. 2004/1629, art. 3(2)(b) (subject to art. 3(3)(4))
F90Words in s. 25A(1)(a) inserted (N.I.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 336, s. 314(3)(a); S.I. 2004/1629, art. 3(2)(b) (subject to art. 3(3)(4))
F91Words in s. 25A(1)(a) substituted (N.I.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 336, s. 314(3)(b); S.I. 2004/1629, art. 3(2)(b) (subject to art. 3(3)(4))
F92Words in s. 25A(1)(a) substituted (N.I.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 336, s. 314(3)(b); S.I. 2004/1629, art. 3(2)(b) (subject to art. 3(3)(4))
F93Words in s. 25A(1)(aa) inserted (N.I.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 336, s. 314(4); S.I. 2004/1629, art. 3(2)(b) (subject to art. 3(3)(4))
F94Words in s. 25A(1A) inserted (N.I.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 336, s. 314(5); S.I. 2004/1629, art. 3(2)(b) (subject to art. 3(3)(4))
F95S. 25A(5) inserted (N.I.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), s. 336, s. 314(6); S.I. 2004/1629, art. 3(2)(b) (subject to art. 3(3)(4))
(1)For the purposes of [F96an appeal [F97, or an application for leave to appeal,] under] this Part of this Act, the Court of Appeal may exercise any of the following powers, where it thinks it necessary or expedient in the interests of justice:—
(a)in the case of any witness whose attendances might be required under section 25(1)(b) above, the Court may order his examination to be conducted in the prescribed manner before a judge of the Court or before any other person appointed by the Court for the purpose, and allow the admission of any deposition so taken as evidence before the Court;
(b)where a question arising on an appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in the opinion of the Court conveniently be conducted before it, the Court may order the reference of the question in the prescribed manner for inquiry and report to a special commissioner appointed by the Court, and act upon the report of the commissioner so far as the Court thinks fit to adopt it;
(c)the Court may appoint a person with special expert knowledge to act as assessor to the Court in a case where it appears to the Court that such knowledge is required for the proper determination of the case.
(2)The Court may, in relation to its proceedings, exercise any other powers which may for the time being be exercised by the Court on appeals in civil matters, and may issue any warrants necessary for enforcing the orders or sentences of the Court.
Textual Amendments
F96Words in s. 26(1) inserted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 12(4); S.I. 1995/3061, art. 3(h)
F97Words in s. 26(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 23; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
(1)Except as provided by this section the operation of an order made on a conviction on indictment for the restitution of property to any person shall be suspended—
(a)in any case until the expiration of twenty-eight days from the date of conviction; and
(b)in cases where notice of appeal or of application for leave to appeal is given within twenty-eight days from the date of conviction, until the determination of the appeal.
(2)Subsection (1) of this section shall not apply where the court of trial directs to the contrary in any case in which, in the court’s opinion, the title to the property is not in dispute.
(3)In cases where the operation of any such order is suspended until the determination of the appeal, the order shall not take effect as to the property in question if the conviction is quashed on appeal.
(4)Provision may be made by rules of court for securing the safe custody of any property pending the suspension of the operation of any such order.
(5)The Court of Appeal may by order annul or vary an order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.
(6)References in this section to an order for the restoration of property include references to—
(a)an order made under section 27 of the M6Theft Act (Northern Ireland) 1969; and
(b)a compensation order made under [F98Article 14 of the Criminal Justice (Northern Ireland) Order 1994].
Textual Amendments
F98Words in s. 27(6)(b) substituted (9.1.1995) by S.I. 1994/2795 (N.I. 15) art. 26(1), Sch. 2, para. 7; S.R. 1994/446, art. 2
Marginal Citations
(1)Except as provided by the M7Costs in Criminal Cases Act (Northern Ireland) 1968 or any other Northern Ireland legislation, no costs shall be allowed on the hearing and determination of an appeal under this Part of this Act, or of proceedings preliminary or incidental to such an appeal.
(2)[F99The following expenses, that is to say—]
(a)the expenses of any solicitor or counsel assigned to an appellant under [F100section 19(1)] of this Act;
(b)the expenses of any witnesses attending on the order of the Court of Appeal, or examined in any proceedings incidental to the appeal;
(c)the expenses of the appearance of an appellant on the hearing of his appeal, or in proceedings preliminary or incidental thereto;
(d)all expenses of or incidental to any examination of witnesses conducted by a person appointed by the Court for the purpose; and
(e)all expenses of or incidental to any reference of a question to a special commissioner appointed by the Court, or of any person appointed as assessor to the Court [F101shall, up to an amount allowed by the Master (Taxing Office) be defrayed, in the case of expenses within paragraph (a), by the Lord Chancellor and, in any other case by the [F102Director of Public Prosecutions]].
[F103(2AA)The expenses of any solicitor or counsel assigned to a person pursuant to a grant of legal aid under section 19(1A) or (1B) of this Act shall, up to an amount allowed by the Master (Taxing Office), be defrayed by the Lord Chancellor.]
[F104(2A)Where a solicitor or counsel is dissatisfied with the amount of any expenses allowed by the Master (Taxing Office) under subsection (2)(a) [F105or (2AA)] above, he may apply to that Master to review his decision.
(2B)On a review under subsection (2A) the Master (Taxing Office) may confirm or vary the amount of expenses allowed by him.
(2C)An application under subsection (2A) shall be made, and a review under that subsection shall be conducted, in accordance with rules of court.
(2D)Where a solicitor or counsel is dissatisfied with the decision of the Master (Taxing Office) on a review under subsection (2A) above, he may appeal against that decision to the High Court and the Lord Chancellor may appear and be represented on any such appeal.
(2E)Where the Lord Chancellor is dissatisfied with the decision of the Master (Taxing Office) on a review under subsection (2A) above in relation to the expenses of a solicitor or counsel, he may appeal against that decision to the High Court and the solicitor or barrister may appear or be represented on any such appeal.
(2F)On any appeal under subsection (2D) or (2E) above the High Court may confirm or vary the amount of expenses allowed by the Master (Taxing Office) and the decision of the High Court shall be final.
(2G)The power of the Master (Taxing Office) or the High Court to vary the amount of expenses allowed under subsection (2)(a) [F106or (2AA)] above includes power to increase or reduce that amount to such extent as the Master or (as the case may be) the High Court thinks fit; and the reference in [F107subsections (2) and (2AA)] above to the amount allowed by the Master (Taxing Office) shall, in a case where that amount has been so varied, be construed as a reference to that amount as so varied.]
(3)Where in any proceedings on an appeal to the Court under this Part of this Act or preliminary or incidental to such an appeal an interpreter is required because of an appellant’s lack of English, the expenses properly incurred on his employment shall be defrayed by the [F108Department of Justice] up to an amount allowed by the Court.
Textual Amendments
F99Words substituted by S.I. 1982/159, art. 4, Sch. para. 4
F100Words in s. 28(2)(a) substituted (8.1.2007) by Criminal Justice Act 2003 (2003 c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 93(2); S.I. 2006/3422, art. 2(c)
F101Words inserted by S.I. 1982/159, art. 4, Sch. para. 4
F102Words in s. 28(2) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 16(2) (with arts. 28-31)
F103S. 28(2AA) inserted (8.1.2007) by Criminal Justice Act 2003 (2003 c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 93(3); S.I. 2006/3422, art. 2(c)
F104S. 28(2A)-(2G) added (2.2.1995) by 1994 c. 33, s. 53(1)(2); S.I. 1995/24, art.2
F105Words in s. 28(2A) inserted (8.1.2007) by Criminal Justice Act 2003 (2003 c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 93(4); S.I. 2006/3422, art. 2(c)
F106Words in s. 28(2G) inserted (8.1.2007) by Criminal Justice Act 2003 (2003 c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 93(5)(a); S.I. 2006/3422, art. 2(c)
F107Words in s. 28(2G) substituted (8.1.2007) by Criminal Justice Act 2003 (2003 c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 93(5)(b); S.I. 2006/3422, art. 2(c)
F108Words in s. 28(3) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 16(3) (with arts. 28-31)
Modifications etc. (not altering text)
C20Functions of the Secretary of State under s. 28(2) so far as relating to the expenses mentioned in para. (a) of that subsection now exercisable by the Lord Chancellor: S.I. 1982/159, arts. 2(1)(c), 4
Marginal Citations
(1)The time during which an appellant, pending the determination of his appeal, is not detained in custody shall not count as part of any term of imprisonment or detention under his sentence.
(2)The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.
(3)Where the Court gives a direction under subsection (2) of this section, the Court shall state the reasons for giving it and the Court shall not give any such direction where—
(a)leave to appeal has been granted; or
(b)a certificate has been given under section 1 of this Act; or
(c)the case has been referred to the Court under [F109section 10 of the Criminal Appeal Act 1995].
(4)The term of any sentence passed by the Court in the exercise of its powers under section 13(2) of this Act shall, unless the Court otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.
Textual Amendments
F109Words in s. 29(3)(c) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 12(5); S.I. 1997/402, art. 3(e)
Textual Amendments
F110Cross-heading preceding s. 30 substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 20(1); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
(1)This section applies where the Court of Appeal—
(a)makes an interim hospital order by virtue of any provision of this Part, or
(b)renews an interim hospital order so made.
(2)The Crown Court shall be treated for the purposes of Article 45(6) of the Mental Health Order (absconding offenders) as the court that made the order.]
Textual Amendments
F111S. 29A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 20(2); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
[F112(1)] In this Part of this Act, unless the context otherwise requires,—
“appellant” includes a person who has given notice of application for leave to appeal;
“the court of trial” means, in relation to an appeal, the court from which the appeal lies;
“insane person” has the meaning given to it by section 1 of the M8Criminal Justice Act (Northern Ireland) 1966, and “insanity” shall be construed accordingly; and
“sentence” includes any order of the court of trial made on conviction with reference to the person convicted or his wife or children, and any recommendation of that court as to the making of a deportation order in the case of a person convicted;
and a power of the Court of Appeal to pass sentence includes power to make any such order or recommendation which could lawfully have been made by the court of trial.
F113(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F114(3)In this Part of this Act “sentence” also includes—
(a)a confiscation order made by the Crown Court under the Proceeds of Crime (Northern Ireland) Order 1996;
(b)an order varying such an order;F115. . .
(c)an order made by the Crown Court varying a confiscation order which was made by the High Court by virtue of Article 24 of the Order of 1996.]
[F116(d)a confiscation order under Part 4 of the Proceeds of Crime Act 2002;
(e)an order which varies a confiscation order made under Part 4 of the Proceeds of Crime Act 2002 if the varying order is made under section 171, 172 or 179 of that Act (but not otherwise).]
[F117(4)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 for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.]
Textual Amendments
F112S. 30 renumbered s. 30(1) (3.2.1995) by 1993 c. 36, Sch. 5 Pt. I para. 3; S.I. 1995/43 arts. 2, 3(3)(b)
F113S. 30(2) repealed (25.8.1996) by virtue of 1996 c. 22, ss. 62(1), 63(7), Sch. 7 Pt. 1 (with s. 62(2))
F114S. 30(3) inserted (25.8.1996) by S.I. 1996/1299 (N.I. 9) arts. 1(2), 57(1), Sch. 3 para. 5
F115S. 30(3)(b): word repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1)(3), Sch. 11 para. 9(2), Sch. 12; S. I. 2003/333, art. 2 Sch. (subject to arts. 3-10 (as amended by S.I. 2003/531, arts. 3, 4))
F116S. 30(3)(d)(e) inserted (24.3.2003) by 2002 c. 29, ss. 456, 458(1)(3), Sch. 11 para. 9(2); S. I. 2003/333, art. 2 Sch. (subject to arts. 3-10 (as amended by S.I. 2003/531, arts. 3, 4))
F117S. 30(4) inserted (1.1.1998) by S.I. 1996/3160 (NI 24) art. 58(1), Sch. 5 para. 8; S.R. 1997/523 art. 2(i)
Marginal Citations