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

Part II U.K. Appeal to House of Lords [F1 from Court of Appeal]

Textual Amendments

F1 Words in Pt. 2 heading substituted (N.I.) (18.4.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9)), art. 27(2); S.R. 2005/243, art. 2

The appeal U.K.

31 Right of appeal to House of Lords. U.K.

(1) Subject to the provisions of this Part of this Act, an appeal lies to the [F2 Supreme Court], 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 [F3 or Article 8 (preparatory hearings) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 ][F4 or Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals)].

(1A) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) No appeal lies under this Part of this Act except with the leave of the Court or of [F6 the Supreme Court]; 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 [F6 the Supreme Court](as the case may be) that the point is one which ought to be considered by [F6 the Supreme Court].

[F7 (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 F8 . . . “prosecutor” shall be construed accordingly.]

Textual Amendments

F2 Words in s. 31(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(2)(a); S.I. 2009/1604, art. 2(d)

F3 Words added by S.I. 1988/1846 (N.I. 16), art. 12, Sch. para. 5(2)

F4 Words 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

F5 S. 31(1A) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 92, 94, Sch. 8 para. 146(2), Sch. 14; S.I. 2008/755, art. 2(d)(iii) (subject to arts. 3-14)

F6 Words in s. 31(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(2)(b); S.I. 2009/1604, art. 2(d)

F7 S. 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)

F8 Words 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)