Criminal Appeal (Northern Ireland) Act 1980

Part I — Appeal to Court of Appeal from Crown Court

Appeal against conviction on indictment

Right of appeal against conviction on indictment

1

A person convicted on indictment may appeal to the Court of Appeal against his conviction—

• (a) with the leave of the Court; or

• (b) if , within 28 days from the date of the conviction, the judge of the court of trial grants a certificate that the case is fit for appeal.

Grounds for allowing appeal against conviction

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• (1) Subject to the provisions of this Act, the Court of Appeal—

• (a) shall allow an appeal against conviction if it thinks that the conviction is unsafe; and

• (b) shall dismiss such an appeal in any other case.

• (2) If the Court allows an appeal against conviction it shall quash the conviction.

• (3) An order of the Court quashing a conviction shall, except when under section 6 of this Act the appellant is ordered to be retried, operate as a direction to the chief clerk acting for the court of trial to enter, instead of the record of conviction, a judgment and verdict of acquittal.

Power to substitute conviction of alternative offence,

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• (1) This section applies where an appellant has been convicted of an offence to which he did not plead guilty and the jury could on the indictment have found him guilty of some other offence, and on the finding of the jury it appears to the Court of Appeal that the jury must have been satisfied of facts which proved him guilty of that other offence.

• (2) The Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the verdict so substituted.

Alteration of sentence on appeal against conviction

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• (1) Subsection (1A) applies where—

• (a) two or more related sentences are passed,

• (b) the Court of Appeal allows an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but

• (c) the appellant remains convicted of one or more of those offences.

• (1A) The Court may, in respect of any related offence of which the appellant remains convicted, pass such sentence, in substitution for the sentence passed thereon at the trial, as it thinks proper and is authorised by law.

• (2) On an appeal to the Court against conviction the Court shall, if it thinks that a different sentence should have been passed, quash the sentence passed at the trial and pass such other sentence authorised by law (whether more or less severe) in substitution therefor as it thinks ought to have been passed; but in no case shall any sentence be increased by reason or in consideration of any evidence that was not given at the trial.

• (3) For the purposes of subsection (1)(a), two or more sentences are related if—

• (a) they are passed on the same day,

• (b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence, or

• (c) they are passed on different days but in respect of counts on the same indictment.

• (4) Where—

• (a) two or more sentences are related to each other by virtue of subsection (3)(a) or (b), and

• (b) any one or more of those sentences is related to one or more other sentences by virtue of subsection (3)(c),

all the sentences are to be treated as related for the purposes of subsection (1)(a).

Appeal against conviction on special verdict

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• (1) This section applies on an appeal against conviction where the jury have found a special verdict.

• (2) If the Court of Appeal considers that a wrong conclusion has been arrived at by the court of trial as to the effect of the jury’s verdict the Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to it to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law by the verdict so substituted.

Retrial

Power to order retrial

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• (1) Where an appeal against conviction is allowed by the Court of Appeal under section 2 of this Act and it appears to the Court that the interests of justice so require, the Court, upon quashing the conviction and any sentence passed thereon, may order the appellant to be retried.

• (2) Where, on an appeal to the Court against a sentence imposed upon conviction on indictments, it appears to the Court that there has been a mistrial of the indictment, the Court may quash the conviction, and sentence and may, if it appears to the Court that the interests of justice so require, order the appellant to be retried.

• (3) An appellant shall not be retried by virtue of this section for any offence other than—

• (a) the offence of which he was convicted at the original trial;

• (b) any offence of which he could have been convicted at the original trial on an indictment for the first-mentioned offence;

• (c) any offence charged in an alternative count of the indictment in respect of which no verdict was given in consequence of that conviction.

Supplementary provisions as to retrial

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• (1) An appellant who is to be retried for an offence in pursuance of an order under section 6 of this Act shall be tried upon a fresh indictment preferred by the direction of the Court of Appeal and shall be tried before the Crown Court at such place as the Court of Appeal may direct or, if no such direction is given, at the place at which he was originally tried or such other place as the Crown Court may direct.

• (2) The Court of Appeal may, upon ordering a retrial under section 6 of this Act, make such orders as appear to the Court to be necessary or expedient—

• (a) for the custody or admission to bail of the appellant pending the retrial; or

• (b) for the retention pending the retrial of any property or money forfeited, restored or paid by virtue of the original conviction or any order made on that conviction.

• (3) Where a retrial is ordered under section 6 of this Act in the case of a person who, immediately before the determination of his appeal, was liable to be detained in pursuance of an order or direction under Part III of the Mental Health Order (other than under Article 42, 43 or 45 of that Order)—

• (a) that order or direction shall continue in force pending the retrial as if the appeal had not been allowed; and

• (b) any order made by the Court of Appeal under this section for his custody or admission to bail shall have effect subject to the order or direction under the said Part III.

• (3A) Where a retrial is ordered under section 6 of this Act in the case of a person who, immediately before the determination of his appeal, was liable to be detained in pursuance of a remand under Article 43 of the Mental Health Order or an interim hospital order under Article 45 of that Order, the Court of Appeal may, if it thinks fit, order that he shall continue to be detained in hospital, and in that event Part III of the Mental Health Order shall apply as if he had been ordered under this section to be kept in custody pending his retrial and were detained in pursuance of a transfer direction together with a restriction direction.

• (4) Schedule 1 to this Act has effect with respect to ... a person ordered under section 6 of this Act to be retried, his retrial, and the sentence which may be passed if the retrial results in his conviction.

Appeal against sentence

Appeal against sentence following conviction on indictment

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A person convicted on indictment may appeal to the Court of Appeal against the sentence passed on his conviction, unless the sentence is one fixed by law.

Appeal in other cases dealt with by Crown Court

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• (1) This section has effect for providing rights of appeal to the Court of Appeal against sentence where a person is dealt with by the Crown Court otherwise than on conviction on indictment.

• (2) An offender who—

• (a) has been made the subject of a community order within the meaning of Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996or a youth conference order or an order for conditional discharge or an order under section 18(1) or (1A) of the Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentence); and

• (b) appears or is brought before the Crown Court in circumstances such that the Crown Court has power to deal with him in respect of the offence for which the community orderor the youth conference order or the order for conditional discharge or the order under the said section 18(1) or (1A) was made; and

• (c) is sentenced by the Crown Court for that offence,

shall have the like right of appeal to the Court of Appeal against that sentence as if the Crown Court had immediately before passing it convicted him on indictment for that offence and passed the sentence upon such conviction.

• (3) A person—

• (a) against whom an order is made by the Crown Court under Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998;

• (b) who is ordered by the Crown Court to be returned to prison or a young offenders centre under Article 3(1) or (5) of the Treatment of Offenders (Northern Ireland) Order 1976; or

• (c) upon whom a fine is imposed under paragraph (a), or against whom an order is made under paragraph (b) or (c), of paragraph 4(1) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996;

shall have the like right of appeal to the Court of Appeal against that order, . . . or fine as if the Crown Court had immediately before making that order, . . . or imposing that fine (as the case may be) convicted him on indictment and that order, . . . or fine were a sentence passed upon that conviction.

• (3A) A person may appeal to the Court of Appeal against a decision under paragraph 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) not to revoke an order which is in force with respect to him; and on such an appeal the Court of Appeal may do anything which the Crown Court could do under that paragraph.

• (3B) A person may appeal to the Court of Appeal against the dismissal of an application to the Crown Court under paragraph 5 of Schedule 1A to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) to make an order under sub-paragraph (1) of that paragraph.

• (3C) A person who—

• (a) is convicted of any offence by a magistrates' court, and

• (b) is committed by that court to the Crown Court under section 218 of the Proceeds of Crime Act 2002 in respect of that offence,

may appeal to the Court of Appeal against any sentence passed on him for that offence by the Crown Court.

• (4) So much of the following provisions of this Act as have effect in relation to an appeal against sentence passed on conviction on indictment shall, with necessary modifications, have effect in relation to appeals under this section.

Supplementary provisions as to appeals against sentence

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• (1) An appeal against sentence, whether under section 8 or section 9 of this Act, lies only with the leave of the Court of Appeal.

• (2) Where the Crown Court has passed on an offender two or more sentences in the same proceedings, being sentences against which an appeal lies under section 8 or 9 of this Act, an appeal or application for leave to appeal against any one of those sentences shall be treated as an application in respect of both or all of them; and for the purpose of this subsection two or more sentences shall be treated as passed in the same proceedings if—

• (a) they are passed on the same day, or

• (b) they are passed on different days, but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence.

• (3) On an appeal to the Court against sentence under section 8 or 9 of this Act the Court shall, if it thinks that a different sentence should have been passed, quash the sentence passed by the Crown Court and pass such other sentence authorised by law (whether more or less severe) in substitution therefor as it thinks ought to have been passed; but in no case shall any sentence be increased by reason or in consideration of any evidence that was not given at the Crown Court.

• (3A) Where the Court of Appeal exercises its power under subsection (3) to quash a confiscation order, the Court may, instead of passing a sentence in substitution for that order, direct the Crown Court to proceed afresh under the relevant enactment.

• (3B) When proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make.

• (3C) For the purposes of this section—

• “confiscation order” means a confiscation order made under—Article 4 or 5 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990,Article 8 of the Proceeds of Crime (Northern Ireland) Order 1996, orsection 156 of the Proceeds of Crime Act 2002;

• “relevant enactment”, in relation to a confiscation order quashed under subsection (3), means the enactment under which the order was made.

• (4) The power of the Court under section 4(2) of this Act or subsection (3) above to pass a sentence which the Crown Court has power to pass for an offence shall, notwithstanding that the Crown Court made no order under section 19(1) of the Treatment of Offenders Act (Northern Ireland) 1968 in respect of a suspended sentence or order for detention previously passed or made on or in relation to the appellant for another offence, include power to deal with the appellant in respect of that sentence or order for detention where the Crown Court made no order in respect of it.

• (5) The fact that an appeal is pending against an interim hospital order under Article 45 of the Mental Health Order shall not affect the power of the Crown Court to renew or terminate the order or to deal with the appellant on its termination; and where the Court of Appeal quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or admitted to bail pending his being dealt with by the Crown Court.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal in cases of insanity

Appeal against conviction; substitution of finding of insanity

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• (1) If, on an appeal, it appears to the Court of Appeal that, although the appellant did the act or made the omission charged against him, he was an insane person at the time the act was done or the omission made, the Court may—

• (a) quash the conviction and direct that a finding of not guilty on the ground of insanity be entered; and

• (b) quash the sentence passed at the trial and make any such order as may be made under Article 50A(2) of the Mental Health Order (powers to deal with persons found not guilty by reason of insanity)

• (2) If, on an appeal, it appears to the Court of Appeal that the case is not one where there should have been a verdict of acquittal, but that there should have been a findings that the accused was unfit to be tried and that he did the act or made the omission charged against him, the Court may—

• (a) quash the conviction and any sentence passed at the trial; and

• (b) make any such order as may be made under Article 5OA(2) of the Mental Health Order (powers to deal with persons found unfit to be tried)

Appeal against finding of not guilty on ground of insanity

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• (1) A person in whose case a finding is recorded under Article 50(1) of the Mental Health Order that he was not guilty of the offence charged on the ground of insanity may appeal to the Court of Appeal against the finding-

• (a) with the leave of the court; or

• (b) if , within 28 days from the date of the finding, the judge of the court of trial grants a certificate that the case is fit for appeal.

• (2) Subject to subsection (4) below, the Court—

• (a) shall allow an appeal under this section if it thinks that the finding is unsafe; and

• (b) shall dismiss such an appeal in any other case.

• (4) Where but for this subsection—

• (a) an appeal under this section would fall to be allowed; and

• (b) none of the grounds for allowing it relates to the question of the insanity of the appellant,

the Court may dismiss the appeal if of opinion that but for the insanity of the accused the proper verdict would have been that he was guilty of an offence other than the offence charged.

Disposal of allowed appeal under s. 12

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• (1) The following provisions apply where an appeal under section 12 of this Act is allowed in accordance with that section.

• (2) If the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused ought not to stand, but the Court of Appeal is of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the Court—

• (a) shall substitute for the finding of not guilty on the ground of insanity a verdict of guilty of that offence; and

• (b) subject to subsection (3) below, shall have the like powers of punishing or otherwise dealing with the appellant and all other powers as the court of trial would have had if the jury had returned that verdict.

• (3) Where the offence mentioned in subsection (2) above is one for which the sentence fixed by law is one of death or of imprisonment for life, the sentence shall (whatever the circumstances) be one of imprisonment for life.

• (4) In a case where the Court allows an appeal under section 12 above but subsection (2) of this section does not apply, the Court shall substitute for the finding of the jury a verdict of acquittal.

• (5) An order of the Court allowing an appeal under section 12 of this Act shall operate as a direction to the chief clerk acting for the court of trial to amend the record to conform with the order.