Criminal Appeal (Northern Ireland) Act 1980

Appeal against sentence

8Appeal against sentence following conviction on indictment

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.

9Appeal in other cases dealt with by Crown Court

(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 probation order or an order for conditional discharge or an order under section 18(1) of the [1968 c. 29 (N.I.).] 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 probation order or the order for conditional discharge or the order under the said section 18(1) 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 section 76 of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968;

(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 [S.I. 1976/226 (N.I. 4).] Treatment of Offenders (Northern Ireland) Order 1976; or

(c)who is sentenced by the Crown Court under Article 9(5)(b) of that Order for an offence or upon whom a fine is imposed under Article 9 (5) (a) of that Order;

(d)who is sentenced by the Crown Court under Article 10(3) of that Order for an offence,

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

(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.

10Supplementary provisions as to appeals against sentence

(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.

(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 had power to pass for an offence shall, notwithstanding that the Crown Court made no order under section 19(1) of the [1968 c. 29 (N.I.).] 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 him in respect of that suspended sentence or order for detention, where the Crown Court—

(a)could have so dealt with him if it had not passed on him a sentence of Borstal training quashed by the Court under section 4(2) of this Act or subsection (3) above ; or

(b)did so deal with him in accordance with paragraph id) of the said section 19(1) by making no order in respect of the suspended sentence or order for detention.