The Criminal Justice Act 2003 (Retrial for Serious Offences) (Northern Ireland) Order 2005

Made: 4th April 2005

Laid before Parliament

Coming into operation: 30th June 2005

The Secretary of State, in exercise of the powers conferred upon him by section 97 of the Criminal Justice Act 2003[^f00001] hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Criminal Justice Act (Retrial for Serious Offences) Order 2005 and shall come into operation on 30th June 2005.

• (2) In this Order –

• (a) “the 2003 Act” means the Criminal Justice Act 2003;

• (b) “the proper officer” means the Master (Queens Bench and Appeals).

• (3) References to a single judge are to any judge of the Court of Appeal.

Powers of Court of Appeal which are exercisable by single judge

2

• (1) There may be exercised by a single judge in the same manner as by the Court of Appeal, and subject to the same provisions the powers –

• (a) to order the production of any document, exhibit or other thing under section 80(6)(a) of the 2003 Act; and

• (b) to order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the Court of Appeal under section 80(6)(b) of the 2003 Act.

• (2) If the single judge refuses an application on the part of a party to exercise in his favour the power specified in paragraph (1), the party shall be entitled to have his application determined by the Court of Appeal.

Powers of Court of Appeal which are exercisable by the proper officer

3

• (1) The following powers of the Court of Appeal may be exercised by the proper officer –

• (a) the power to order the production of any document, exhibit or other thing under section 80(6)(a) of the 2003 Act; and

• (b) the power to order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the Court of Appeal under section 80(6)(b) of the 2003 Act.

• (2) If the proper officer refuses an application on the part of a party to exercise in his favour any of the powers specified in paragraph (1), the party shall be entitled to have his application determined by a single judge.

Signed

Paul Murphy — One of Her Majesty’s Principal Secretaries of State — 4th April 2005

Explanatory note

(This note is not part of the Order)

This Order provides the procedure for application to the Court of Appeal in cases of retrial for serious offences.

Footnotes

[^f00001]: 2003 c. 39