SCHEDULES
SCHEDULE 1 Provisions Applicable on Retrial
Legal Aid
1
F1Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (grant of certificate to person returned for trial on indictment) shall apply in the case of an appellant who is to be retried by virtue of an order under section 6 of this Act as if he had been committed for trial for the offence or the offences in question, and as if references in F1paragraph (2) of the said Article 29 to a magistrates’ court included references to the Court of Appeal.
Depositions
2
On a retrial ordered under section 6 of this Act, F11Article 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, but a transcript of the shorthand notes of the evidence given by any witness at the original trial may, with the leave of the judge, be read as evidence—
a
by agreement between the prosecution and the defence; or
b
if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable efforts to find him or to secure his attendance have been made without success;
and in either case may be so read without further proof if verified in accordance with rules of court.
F13F122A
Subject to paragraph 2 above, evidence given orally at the original trial must be given orally at the retrial.
Conviction and sentence
3
Notwithstanding any rule of law to the contrary, a person ordered to be retried under section 6 of this Act may, if found guilty, be convicted on the retrial and the court before whom he is so convicted may pass in respect of the offence of which he is so convicted any sentence authorised by law to be imposed upon a conviction for that offence.
4
Without prejudice to the power of the court to impose any other sentence, the court before whom a person is convicted on retrial may pass in respect of the offence any sentence lawfully passed in respect of the offence charged on the original conviction notwithstanding that, on the date of the conviction on retrial, that person has ceased to be of an age at which such a sentence could otherwise be passed.
5
Where the person convicted on retrial is sentenced to imprisonment or other detention, the sentence shall begin to run from the time when such a sentence passed at the original trial would have begun to run; but, in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be disregarded—
a
any time before his conviction on retrial which would have been disregarded if the sentence had been passed at the original trial and the original conviction had not been quashed; or
b
any time during which he was at large after being admitted to bail under section 17 of this Act.
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 Act shall be sufficient authority for a constable, F2an approved social worker or any other person directed by the Court of Appeal to take the person to whom the order relates and convey him at any time within the period of seven days beginning with the date on which the order was made, to the hospital mentioned in that subsection.
2
The Court of Appeal may give such directions as it thinks fit for the conveyance of the person to whom the order relates to a place of safety within the meaning of F3Article 129(7) of the Mental Health Order and his detention therein pending his admission to hospital within the said period of seven days.
3
Where a person is ordered under section 13(6) of this Act to be detained in a hospital, the order shall be sufficient authority to detain him in the hospital in accordance with the provisions of the F3Mental Health Order, as applied by the next following paragraph.
2
SCHEDULE 3 Procedural and other Modifications for Capital Cases
Appeal to Court of Appeal
1
The power of the Court of Appeal under section 16 of this Act to extend the time for giving notice of appeal, or of application for leave to appeal, shall not be exercisable in the case of a conviction involving sentence of death.
2
In the case of a conviction involving sentence of death—
a
the sentence shall not in any case be executed until after the expiration of the time for giving notice of appeal or of application for leave to appeal under the said section 16; and
b
if notice is so given, the appeal or application shall be heard and determined with as much expedition as practicable, and the sentence shall not be executed until after the determination of the appeal or, in a case where an application for leave to appeal is finally refused, of the application.
Appeal to House of Lords
3
The power of the Court of Appeal or the House of Lords under section 32 of this Act to extend the time for making an application for leave to appeal shall not be exercisable in the case of a conviction involving sentence of death.
4
An application for leave to appeal under Part II of this Act in a case involving sentence of death and any appeal for which leave is granted on the application, shall be heard and determined with as much expedition as practicable.
5
Where an appeal to the Court of Appeal is dismissed in a case involving sentence of death, the sentence shall not in any case be executed until after the expiration of the time for making an application for leave to appeal under Part II of this Act; and if such an application is duly made, the sentence shall not be executed while that application, and any appeal for which leave to appeal is granted thereon, is pending.
6
Section 32(3) of this Act applies for the construction of paragraph 5 above.
C1SCHEDULE 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
”
.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
The Geneva Convention Act 1957 (c. 52).
3
In section 4 in subsection (1) for the words “section 3(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)
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
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. . . F7 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
”
.
F812
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F913
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THE NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1978 (C. 5).
F1014
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
”
.
C2SCHEDULE 5 Repeals.
The text of Schedule 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
The text of Schedule 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.