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Criminal Appeal (Northern Ireland) Act 1980
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Criminal Appeal (Northern Ireland) Act 1980, Section 34 is up to date with all changes known to be in force on or before 12 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.
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34 Further reference to [F1Supreme Court] of point of law following acquittal on indictment.U.K.
(1)Where the Court of Appeal has given its opinion on a point referred to the Court under section 15 of this Act the Court may, of its own motion or in pursuance of an application in that behalf, refer the point to [F2the Supreme Court] if it appears to the Court that the point ought to be considered by [F2the Supreme Court] .
(2)If a point is referred to [F3the Supreme Court] under subsection (1) of this section, [F3the Supreme Court] shall consider the point and give [F4the Supreme Court's] opinion on it accordingly; and section 33(1) of this Act shall apply also in relation to any proceedings of [F3the Supreme Court] under this section.
(3)Where on a point being referred to [F5the Supreme Court] under this section the acquitted person appears by counsel for the purpose of presenting any argument to [F5the Supreme Court] , he shall be entitled to his costs, that is to say to the payment [F6by the Department of Justice] of such sums as are reasonably sufficient to compensate him for his expenses properly incurred for the purpose of being represented on the reference; and any amount recoverable under this subsection shall be ascertained as soon as practicable [F7under Supreme Court Rules] .
(4)A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.
Textual Amendments
F1S. 34 sidenote: words substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(a); S.I. 2009/1604, art. 2(d)
F2Words in s. 34(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(b); S.I. 2009/1604, art. 2(d)
F3Words in s. 34(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(c)(i); S.I. 2009/1604, art. 2(d)
F4Words in s. 34(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(c)(ii); S.I. 2009/1604, art. 2(d)
F5Words in s. 34(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(d)(i); S.I. 2009/1604, art. 2(d)
F6Words in s. 34(3) substituted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 17 (with arts. 28-31)
F7Words in s. 34(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(5)(d)(ii); S.I. 2009/1604, art. 2(d)
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