Criminal Appeal (Northern Ireland) Act 1980

In section 120(1) in the definition of “Criminal Appeal Act” for the words “Act 1968” substitute the words “ Act 1980 ” and in the definition of “sentence” for the words “section 35 of the Criminal Appeal (Northern Ireland) Act 1968”, substitute the words “ section 30 of the Criminal Appeal (Northern Ireland) Act 1980 ”.

SCHEDULE 5

Right of appeal against conviction on indictment.

3A

• (1) This section applies where—

• (a) an appellant has been convicted of an offence to which he pleaded guilty,

• (b) if he had not so pleaded, he could on the indictment have pleaded, or been found, guilty of some other offence, and

• (c) it appears to the Court of Appeal that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.

• (2) The Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea 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 plea so substituted.

10A

• (1) This section applies where the Court of Appeal—

• (a) quashes a confiscation order under section 10(3) (“the quashed order”), and

• (b) under section 10(3A), directs the Crown Court to proceed afresh under the relevant enactment.

• (2) Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 10(3A).

• (3) Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings.

• (4) In this section “confiscation order” and “relevant enactment” have the same meaning as in section 10(3C).

Appeal against conviction: substitution of finding of insanity.

Appeal against finding of unfitness to be tried.

13A

• (1) Where there has been a determination under Article 49 of the Mental Health Order of the question of a person’s fitness to be tried, and there has beenfindings that he is unfit to be tried and that he did the act or made the omission charged against him, the person may appeal to the Court of Appeal against either or both of those findings.

• (2) An appeal under this section lies only—

• (a) with the leave of the Court; or

• (b) if , within 28 days from the date of the finding that the person did the act or made the omission charged, the judge of the court of trial grants a certificate that the case is fit for appeal.

• (3) The Court—

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

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where the Court of Appeal allows an appeal under this section against a finding that the appellant is unfit to be tried, the appellant may be tried accordingly for the offence with which he was charged, and the Court may make such orders as appear to it to be necessary or expedient pending any such trial for his custody, admission to bail or continued detention under the Mental Health Order.

• (7) Where an order is made by the Court under subsection (6) above for a person’s continued detention under the Mental Health Order, Part III of that Order shall apply to him as if he had been ordered under that subsection to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction.

• (8) Where, otherwise than in a case falling within subsection (6) above, the Court of Appeal allows an appeal under this section against a finding that the appellant did the act or made the omission charged against him, the Court shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity).

Appeals following references by the CCRC

13B

• (1) This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 10(1)(a), (6) or (7) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.

• (2) Notwithstanding anything in section 2, 12 or 13A of this Act, the Court of Appeal may dismiss the appeal if—

• (a) the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and

• (b) the condition in subsection (3) is met.

• (3) The condition in this subsection is that if—

• (a) the reference had not been made, but

• (b) the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,

the Court would not think it appropriate to grant the application by exercising the power conferred by section 16(2).

16A

• (1) Subject to subsection (2) below, a person who wishes to appeal under section 44 of the Judicature (Northern Ireland) Act 1978 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in the prescribed manner within twenty-eight days from the date of the order or decision appealed against.

• (2) The time for giving notice under this section may be extended either before or after its expiry by the Court.

25A

• (1) On an appeal against conviction or an application for leave to appeal against conviction, the Court of Appeal may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—

• (a) in the case of an appeal,the matter is relevant to the determination of the appeal and ought, if possible, to be resolved before the appeal is determined;

• (aa) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;

• (b) an investigation of the matter by the Commission is likely to result in the Court being able to resolve it; and

• (c) the matter cannot be resolved by the Court without an investigation by the Commission.

• (1A) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 45 below.

• (2) A direction by the Court under subsection (1) above shall be given in writing and shall specify the matter to be investigated.

• (3) Copies of such a direction shall be made available to the appellant and the respondent.

• (4) Where the Commission have reported to the Court of Appeal on any matter which they have been directed under subsection (1) above to investigate, the Court—

• (a) shall notify the appellant and the respondent that the Commission have reported; and

• (b) may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.

• (5) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

29A

• (1) This section applies where the Court of Appeal—

• (a) makes an interim hospital order by virtue of any provision of this Part, or

• (b) renews an interim hospital order so made.

• (2) The Crown Court shall be treated for the purposes of Article 45(6) of the Mental Health Order (absconding offenders) as the court that made the order.

Supplementary provisions as to appeals against sentence.

47A

• (1) Where a person has died—

• (a) any relevant appeal which might have been begun by him had he remained alive may be begun by a person approved by the Court of Appeal; and

• (b) where any relevant appeal was begun by him while he was alive or is begun in relation to his case by virtue of paragraph (a) above or by a reference by the Criminal Cases Review Commission, any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved.

• (2) In this section “relevant appeal” means—

• (a) an appeal under section 1, 8, 9, 12 or 13A of this Act; or

• (b) an appeal under section 31 of this Act from any decision of the Court of Appeal on an appeal under any of those sections.

• (3) Approval for the purposes of this section may only be given to—

• (a) the widow or widower of the dead person;

• (b) a person who is the personal representative (within the meaning of the Wills and Administration Proceedings (Northern Ireland) Order 1994) of the dead person; or

• (c) any other person appearing to the Court of Appeal to have, by reason of a family or similar relationship with the dead person, a substantial financial or other interest in the determination of a relevant appeal relating to him.

• (4) Except in the case of an appeal begun by a reference by the Criminal Cases Review Commission, an application for such approval may not be made after the end of the period of one year beginning with the date of death.

• (5) Where this section applies, any reference in this Act to the appellant shall, where appropriate, be construed as being or including a reference to the person approved under this section.

2A

Subject to paragraph 2 above, evidence given orally at the original trial must be given orally at the retrial.

The Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I.4)).

Editorial notes