Criminal Appeal (Northern Ireland) Act 1980

Procedure from notice of appeal to hearingU.K.

16 Notice of appeal or application for leave.U.K.

(1)Subject to subsection (2) below, a person who wishes to appeal under this Part of this Act to the Court of Appeal, or to obtain the Court’s leave to appeal, shall give notice of appeal, or of his application for leave to appeal, in the prescribed manner within twenty-eight days from the date of the conviction, verdict or finding appealed against or, in the case of an F1. . . application for leave to appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order.

(2)The time for giving notice of appeal or of application for leave to appeal may be extended at any time by the Court.

(3)The Master shall furnish the necessary forms and instructions in relation to notices of appeal, or notices of application under this Act, to any person who demands them, and to officers of courts, governors of prisons and such other persons as he thinks fit; and governors of prisons shall—

(a)cause the forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application under this Act; and

(b)cause any such notice given by a prisoner in custody to be forwarded on behalf of the prisoner to the Master.

[F216A Appeals in cases of contempt of court.U.K.

(1)Subject to subsection (2) below, a person who wishes to appeal under section 44 of the Judicature (Northern Ireland) M1Act 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.]

[F317 Bail.U.K.

(1)The Court of Appeal may, if it thinks fit—

(a)grant an appellant bail pending the determination of his appeal; or

(b)vary the conditions of bail granted to an appellant in the exercise of the power conferred by paragraph (a) above; or

(c)revoke bail granted to an appellant under paragraph (a) above.

(2)The powers conferred by subsection (1) above may be exercised—

(a)on the application of the appellant; or

(b)if it appears to the Master that any of them ought to be exercised, on a reference to the court by him.]

[F418 Groundless appeals or applications for leave to appeal.U.K.

If it appears to the Master that a notice of appeal or of application for leave to appeal under this Part of this Act does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court of Appeal for summary determination; and the Court may then, if it considers that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning the proceedings for a full hearing, dismiss the appeal or application for leave summarily without calling on any one to attend the hearing or to appear for the Crown thereon.]

F519 Legal aid.U.K.

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20 Preparation of case for hearing.U.K.

The Master shall—

(a)subject to section 18 of this Act, take all necessary steps for obtaining a hearing of any appeal or application to the Court of Appeal under this Act, notice of which is given to him thereunder; and

(b)obtain and lay before the Court in proper form all documents, exhibits and other things relating to the proceedings in the court of trial which appear necessary for the proper determination of the appeal or application.