Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

SCHEDULES

Section 51(1).

SCHEDULE 4 Amendments

THE CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1945 (c. 15)

1 In section 33(4) for the words from " may appeal " to " and that Court" substitute the words " may appeal under Part I of the Criminal Appeal (Northern Ireland) Act 1980 to the Court of Appeal, and that Court ".

THE PROBATION ACT (NORTHERN IRELAND) 1950 (c. 7)

2 In section 8(1)(a)(i) for the words " Act 1968 " substitute the words " Act 1980 ".

THE GENEVA CONVENTION ACT 1957 (c. 52)

3 In section 4 in subsection (1) for the words " section 31(1) (a) of the Criminal Appeal (Northern Ireland) Act 1968 " substitute the words " section 27(1)(a) of the Criminal Appeal (Northern Ireland) Act 1980 " and in the Table following subsection (1A) for the entry relating to the Criminal Appeal (Northern Ireland) Act 1968 substitute the following entry—

“The Criminal Appeal (Northern Ireland) Act 1980

Section 32(1)”.

THE MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 (c. 15)

4 In section 56(4) for the words from " but" to " an appeal " substitute the words " but (without prejudice to any power exercisable by the Court of Appeal under sections 12 and 13 of the Criminal Appeal (Northern Ireland) Act 1980) an appeal ".

5 In section 59(2) for paragraph (a) substitute—

“(a) persons committed in custody for trial at the Crown Court and persons in custody pending a retrial ordered under section 6 of the Criminal Appeal (Northern Ireland) Act 1980;”

THE COSTS IN CRIMINAL CASES ACT (NORTHERN IRELAND) 1968 (c. 10)

6 In section 3(4) for the words " section 13 of the Criminal Appeal (Northern Ireland) Act 1968" and "section 46(2) of the Criminal Appeal (Northern Ireland) Act 1968 " substitute the words " section 6 of the Criminal Appeal (Northern Ireland) Act 1980 " and " section 41(2) of the Criminal Appeal (Northern Ireland) Act 1980" respectively.

7 In section 4 in subsection (1) for the words " section 32(2) of the Criminal Appeal (Northern Ireland) Act 1968 " and " section 25 " substitute the words " section 28(2) of the Criminal Appeal (Northern Ireland) Act 1980 " and " section 21" respectively and in subsection (2) for the words " section 32(2)" substitute the words " section 28(2) ".

8 In section 6 for the words " section 32(2) of the Criminal Appeal (Northern Ireland) Act 1968 " substitute the words " section 28(2) of the Criminal Appeal (Northern Ireland) Act 1980 ".

THE CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 (c. 34)

9 In section 76(6)(b) for the words " the Criminal Appeal (Northern Ireland) Act 1968 " substitute the words " section 9 of the Criminal Appeal (Northern Ireland) Act 1980 ".

THE CRIMINAL JURISDICTION ACT 1975 (c. 59)

10 In Part II of Schedule 4, in paragraph 5(1)(b) for the words " Act 1968 " substitute the words " Act 1980 ".

THE TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 (S.I. 1976/226 (N.I. 4))

11 In Article 4 for the words " or (5)a " substitute the words " a magistrates' " and at the end add the words " and where under Article 3(1) or (5) the Crown Court orders that a person be returned to prison or to a young offenders centre, that person may appeal against that order in accordance with section 9 of the Criminal Appeal (Northern Ireland) Act 1980 ".

12 In Article 9 at the end of paragraph (6) add the words " and a person sentenced under paragraph (5)(b) for an offence or upon whom a fine has been imposed under paragraph (5)(a) for breach of any of the requirements of Article 8 may appeal against that sentence or fine in accordance with section 9 of the Criminal Appeal (Northern Ireland) Act 1980 ".

13 In Article 10(4) for the words " (2A)(a) or (3) " substitute the words " or (2A)(a) " and at the end add the words " and a person sentenced under paragraph (3) for an offence may appeal in accordance with section 9 of the Criminal Appeal (Northern Ireland) Act 1980 ".

THE NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1978 (c. 5)

14 In section 7, in subsection (6) for the words from " section 8 " to " that section " substitute the words " sections 1 and 10(1) of the Criminal Appeal (Northern Ireland) Act 1980 appeal to the Court of Appeal under Part I of that Act " and in subsection (7) for the words " section 20 of that Act of 1968 " substitute the words " section 16 of that Act of 1980 ".

THE JUDICATURE (NORTHERN IRELAND) ACT 1978 (c. 23)

15 In section 36(1) for the words " and section 48 of the Criminal Appeal Act, every appeal or reference to the Court of Appeal" substitute the words " every appeal to the Court of Appeal, other than an appeal under the Criminal Appeal Act, ".

16 In section 44(6) for the words " Part II" substitute the words " Part I ".

17 In section 49(6) for the words " section 20(1)" substitute the words " section 16(1) ".

18 In section 120(1) in the definition of " Criminal Appeal Act" for the words " Act 1968 " substitute the words " Act 1980 " and in the definition of " sentence " for the words " section 35 of the Criminal Appeal (Northern Ireland) Act 1968", substitute the words " section 30 of the Criminal Appeal (Northern Ireland) Act 1980 ".