Criminal Appeal (Northern Ireland) Act 1980

34 Further reference to House of Lords of point of law following acquittal on indictment

(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 the House of Lords if it appears to the Court that the point ought to be considered by that House.

(2) If a point is referred to the House of Lords under subsection (1) of this section, the House shall consider the point and give the House's opinion on it accordingly ; and section 33(1) of this Act shall apply also in relation to any proceedings of the House under this section.

(3) Where on a point being referred to the House of Lords under this section the acquitted person appears by counsel for the purpose of presenting any argument to the House, he shall be entitled to his costs, that is to say to the payment out of money provided by Parliament 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 by such officer as may be prescribed by order of the House of Lords.

(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.