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Criminal Appeal (Northern Ireland) Act 1980, Cross Heading: The appeal is up to date with all changes known to be in force on or before 03 September 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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(1)Subject to the provisions of this Part of this Act, an appeal lies to the House of Lords, at the instance of the defendant or the prosecutor, from any decision of the Court of Appeal on an appeal to that Court under Part I of this Act [F1or Article 8 (preparatory hearings) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 ][F2or Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals)].
(1A)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)No appeal lies under this Part of this Act except with the leave of the Court or of the House of Lords; and such leave shall not be granted unless it is certified by the Court that a point of law of general public importance is involved in the decision and it appears to the Court or to the House of Lords (as the case may be) that the point is one which ought to be considered by that House.
[F4(3)In this Part of this Act “the defendant”—
(a)in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court;
(b)in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court;
(c)in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below;
and F5. . . “prosecutor” shall be construed accordingly.]
Textual Amendments
F1Words added by S.I. 1988/1846 (N.I. 16), art. 12, Sch. para. 5(2)
F2Words in s. 31(1) inserted (N.I) (18.4.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9)), art. 27(3); S.R. 2005/243, art. 2
F3S. 31(1A) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 92, 94, Sch. 8 para. 146(2), Sch. 14; S.I. 2008/755, art. 2(d)(iii) (subject to arts. 3-14)
F4S. 31(3) substituted (18.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 94; S.I. 2005/950, art. 3(2)(c)
F5Words in s. 31(3) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 92, 94, Sch. 8 para. 146(3), Sch. 14; S.I. 2008/755, art. 2(d)(iii) (subject to arts. 3-14)
(1)Subject to subsection (2) below, an application to the Court of Appeal for leave to appeal under this Part of this Act shall be made within the period of [F628] days beginning with the [F7relevant date] ; and an application to the House of Lords for such leave shall be made within the period of [F628] days beginning with the date on which the application is refused by the Court.
[F8(1A)In subsection (1), “the relevant date” means—
(a)the date of the Court of Appeal’s decision, or
(b)if later, the date on which the Court gives reasons for its decision.]
(2)The House of Lords or the Court may, upon application made at any time by the defendant, extend the time within which an application may be made by him to that House or the Court under subsection (1) above.
(3)An appeal under this Part of this Act shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this Part of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.
Textual Amendments
F6Word in s. 32(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, {s. 105 (5)(a)}; S.I. 2005/910, art. 3(x)
F7Words in s. 32(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, {s. 105 (5)(b)}; S.I. 2005/910, art. 3(x)
F8S. 32(1A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 110, {s. 105 (6)}; S.I. 2005/910, art. 3(x)
(1)An appeal under this Part of this Act shall not be heard and determined by the House of Lords unless there are present at least three of the persons designated Lords of Appeal by section 5 of the M1Appellate Jurisdiction Act 1876.
(2)Any order of the House of Lords which provides for the hearing of applications for leave to appeal under this Part of this Act by a committee constituted in accordance with section 5 of the said Act of 1876 may direct that the decision of that committee shall be taken on behalf of the House.
(3)For the purpose of disposing of an appeal under this Part of this Act, the House of Lords may exercise any powers of the Court or may remit the case to the Court.
Modifications etc. (not altering text)
C1S. 33(1) applied by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 36(5)(9)
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