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Criminal Appeal (Northern Ireland) Act 1980

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Changes over time for: Paragraph 2

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Changes to legislation:

Criminal Appeal (Northern Ireland) Act 1980, Paragraph 2 is up to date with all changes known to be in force on or before 08 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. Help about Changes to Legislation

[F12.—(1)Evidence given at a retrial ordered under section 6 of this Act must be given orally if it was given orally at the original trial, unless—U.K.

(a)all the parties to the retrial agree otherwise;

(b)Article 20 of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 applies (admissibility of hearsay evidence where a witness is unavailable); or

(c)the witness is unavailable to give evidence, otherwise than as mentioned in paragraph (2) of that Article, and Article 18(1)(d) of that Order applies (admission of hearsay evidence under residual discretion).

(2)On a retrial ordered under section 6 of this Act, Article 42(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial.]

Textual Amendments

F1Sch. 1 para. 2 and preceding cross-heading substituted (N.I) (18.4.2005) for Sch. 1 para. 2, 2A and preceding cross-heading by The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), arts. 1, 34 (with savings in art. 43); S.R. 2005/242, art. 2

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