Criminal Appeal (Northern Ireland) Act 1980

45 Powers of Court which are exercisable by single judge. U.K.

(1) Subject to section 44(4) above, the powers of the Court of Appeal under Part I of this Act which are specified in subsection (2) below and the powers of the Court under Part II of this Act which are specified in subsection (3) below may be exercised by a single judge of the Court.

(2) The said powers under Part I of this Act are the following, namely—

(a) to give leave to appeal;

(b) to make orders under section 7(2) of this Act and discharge or vary such orders;

(c) to extend the time for giving notice of appeal or of application for leave to appeal;

[F1 (d) to exercise the powers conferred by section 17 of the Act;]

F2 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) to give leave for an appellant to be present at any proceedings;

[F3 (fa) to give a live link direction under section 24(2A); [F4 or under section 18 of the Justice Act (Northern Ireland) 2011]]

(g) to order a witness to attend for examination;

(h) to give directions under section 29(2) of this Act;

(i) to hear and determine such other matters preliminary or incidental to an appeal as may be prescribed.

(3) The said powers under Part II of this Act are the following, namely—

(a) to extend the time for applying for leave to appeal;

(b) to make an order for or in relation to bail;

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) to give leave for a defendant to be present at the hearing of any proceedings preliminary or incidental to an appeal;

(e) to make an order under section 41(1) of this Act.

[F6 (3ZA) The power of the Court of Appeal to renew an interim hospital order made by it by virtue of any provision of this Act may be exercised by a single judge in the same manner as it may be exercised by the Court.]

[F7 (3A) The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.]

[F8 (3B) Subject to section 44(4) above, the power of the Court of Appeal to approve a person under section 47A of this Act may be exercised by a single judge of the Court.]

[F9 (3C) Subject to section 44(4) above, the power of the Court of Appeal to give leave under section 14(4B) of the Criminal Appeal Act 1995 may be exercised by a single judge of the Court.]

[F10 (3D) The power of the Court of Appeal to grant leave to appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.]

[F11 (3E) Subject to section 44(4) above, the powers of the Court of Appeal to make, discharge or vary a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 may be exercised by a single judge of the Court.]

(4) An appellant who is aggrieved by the decision of a single judge on any matter under this section shall be entitled to have the matter re-heard and determined by the Court as constituted under section 44 of this Act.

Textual Amendments

F1 S. 45(2)(d) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 77

F2 S. 45(2)(e) repealed (N.I.) (24.3.2016) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), art. 1(2), Sch. 5 (with art. 45); S.R. 2016/199, art. 2(1), Sch. (with art. 2(2))

F3 S. 45(2)(fa) inserted (N.I.) (2.2.2009) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1, 83(3); S.R. 2008/472, art. 2(4), Sch. Pt. 4

F4 Words in s. 45(2)(fa) inserted (N.I.) (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 18(7), 111(3); S.R. 2011/224, art. 2

F5 S. 45(3)(c) repealed (N.I.) (24.3.2016) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), art. 1(2), Sch. 5 (with art. 45); S.R. 2016/199, art. 2(1), Sch. (with art. 2(2))

F6 S. 45(3ZA) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 21; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)

F7 S. 45(3A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 15 para. 78

F8 S. 45(3B) inserted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 12(6); S.I. 1995/3061, art. 3(h)

F9 S. 45(3C) inserted (4.4.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 6 para. 95; S.I. 2005/950, art. 2(1), Sch. 1 para. 43(c) (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122 and S.I. 2007/391)

F10 S. 45(3D) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 25(2); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)

F11 S. 45(3E) inserted (1.1.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177(1), 182(3)(b), Sch. 21 para. 71