Criminal Appeal (Northern Ireland) Act 1980

Part IIU.K. Appeal to House of Lords [F1from Court of Appeal]

The appealU.K.

31 Right of appeal to House of Lords.U.K.

(1)Subject to the provisions of this Part of this Act, an appeal lies to the [F2Supreme Court], at the instance of the defendant or the prosecutor, from any decision of the Court of Appeal on an appeal to that Court under Part I of this Act [F3or Article 8 (preparatory hearings) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 ][F4or Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals)].

(1A)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)No appeal lies under this Part of this Act except with the leave of the Court or of [F6the Supreme Court]; and such leave shall not be granted unless it is certified by the Court that a point of law of general public importance is involved in the decision and it appears to the Court or to [F6the Supreme Court](as the case may be) that the point is one which ought to be considered by [F6the Supreme Court].

[F7(3)In this Part of this Act “the defendant”—

(a)in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court;

(b)in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court;

(c)in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below;

and F8. . . “prosecutor” shall be construed accordingly.]

32 Application for leave to appeal.U.K.

(1)Subject to subsection (2) below, an application to the Court of Appeal for leave to appeal under this Part of this Act shall be made within the period of [F928] days beginning with the [F10relevant date] ; and an application to [F11the Supreme Court] for such leave shall be made within the period of [F928] days beginning with the date on which the application is refused by the Court.

[F12(1A)In subsection (1), “the relevant date” means—

(a)the date of the Court of Appeal’s decision, or

(b)if later, the date on which the Court gives reasons for its decision.]

(2)[F11The Supreme Court] or the Court may, upon application made at any time by the defendant, extend the time within which an application may be made by him to [F11the Supreme Court] or the Court under subsection (1) above.

(3)An appeal under this Part of this Act shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this Part of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

33 Hearing and disposal of appeal.U.K.

(1)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purpose of disposing of an appeal under this Part of this Act, the [F15Supreme Court] may exercise any powers of the Court or may remit the case to the Court.

Reference of point of lawU.K.

34 Further reference to [F16Supreme Court] of point of law following acquittal on indictment.U.K.

(1)Where the Court of Appeal has given its opinion on a point referred to the Court under section 15 of this Act the Court may, of its own motion or in pursuance of an application in that behalf, refer the point to [F17the Supreme Court] if it appears to the Court that the point ought to be considered by [F17the Supreme Court] .

(2)If a point is referred to [F18the Supreme Court] under subsection (1) of this section, [F18the Supreme Court] shall consider the point and give [F19the Supreme Court's] opinion on it accordingly; and section 33(1) of this Act shall apply also in relation to any proceedings of [F18the Supreme Court] under this section.

(3)Where on a point being referred to [F20the Supreme Court] under this section the acquitted person appears by counsel for the purpose of presenting any argument to [F20the Supreme Court] , he shall be entitled to his costs, that is to say to the payment [F21by the Department of Justice] of such sums as are reasonably sufficient to compensate him for his expenses properly incurred for the purpose of being represented on the reference; and any amount recoverable under this subsection shall be ascertained as soon as practicable [F22under Supreme Court Rules] .

(4)A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.

Matters preliminary to hearingU.K.

35 Bail.U.K.

The Court of Appeal may, if it thinks fit, on the application of an appellant under this Part of this Act or a person applying for leave to appeal thereunder, [F23other than a person appealing or applying for leave to appeal from a decision on an appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (appeals against orders or rulings at preparatory hearings) [F24or Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals)],] admit him to bail pending an appeal from the Court.

36 Detention of defendant pending appeal by Crown.U.K.

(1)Where the defendant in any proceedings from which an appeal lies to the [F25Supreme Court] under this Part of this Act would, but for the decision of the Court of Appeal, be liable to be detained and immediately after that decision the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal, the Court [F26 shall make—

(a)an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 35 above), so long as the appeal is pending, or

(b)an order that he be released without bail.]

[F27(1A)The Court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.]

(2)An order under [F28subsection (1)(a)] above shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the Court.

(3)When an order is made under [F29subsection (1)(a)] in the case of a defendant who, but for the decision of the Court, would be liable to be detained in pursuance of an order or direction under the Mental Health [F30Order (otherwise than under Article 42, 43 or 45 of that Order)], the order under [F29subsection (1)(a)] shall be one authorising his continued detention in pursuance of the order or direction, and the provisions of [F30that Order] with respect to persons so liable (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.

[F31(3A)Where an order is made under [F32subsection (1)(a)] in the case of a defendant who, but for the decision of the Court, would be 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 order may, if the Court thinks fit, be one authorising his continued detention in a hospital and in that event—

(a)subsection (2) of this section shall not apply to the order;

(b)Part III of the Mental Health Order shall apply to him as if he had been ordered under this section to be detained in custody so long as an appeal to the [F25Supreme Court] is pending and were detained in pursuance of a transfer direction together with a restriction direction; and

(c)if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, paragraph (2) of the said Article 45 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.]

[F33(4)The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—

(a)the Court of Appeal has made an order under subsection (1)(b), or

(b)the Court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (2) or the defendant has been released or discharged by virtue of subsection (3) or (3A).]

F3437 Legal aid.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38 Presence of defendant at hearing.U.K.

A defendant who [F35has been convicted of an offence and] is detained pending an appeal under this Part of this Act shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where [F36Supreme Court Rules] or rules of court, as the case may be, authorise him to be present or where [F37the Supreme Court] or the Court of Appeal, as the case may be, gives him leave to be present.

Matters depending on result of appealU.K.

39 Computation of sentence.U.K.

(1)If a person subject to a sentence is admitted to bail pending an appeal under this Part of this Act, the time during which he is at large after being so admitted shall be disregarded in computing the term of his sentence.

(2)Subject to the foregoing subsection, any sentence passed on such an appeal in substitution for another sentence shall, unless the [F38Supreme Court] or the Court of Appeal otherwise directs, begin to run from the time when the other sentence would have begun to run.

40 Restitution of property.U.K.

(1)Where the operation of an order for the restitution of property made on conviction on indictment is suspended until the determination of an appeal to the Court of Appeal, then, if the conviction is not quashed on that appeal, the operation of the order shall continue to be suspended—

(a)in any case until the expiration of the time within which an application for leave to appeal under this Part of this Act may be made (disregarding any extension of time which may be granted under section 32(2) of this Act); and

(b)if any such application is made within that time, so long as the appeal under this Part of this Act is pending.

(2)Where the operation of any such order is suspended under this section—

(a)the order shall not take effect if the conviction is quashed on appeal to [F39the Supreme Court] ; and

(b)such steps shall be taken for the safe custody of the property in question during the period during which the operation of the order is suspended as may be prescribed.

(3)Where by reason of the quashing by the Court of a person’s conviction such an order does not take effect and on an appeal under this Part of this Act the conviction is restored by [F39the Supreme Court] , [F39the Supreme Court] may make any order for the restitution of property which could be made on his conviction by the court which convicted him.

(4)References in this section to an order for the restitution of property include references to—

(a)an order made under section 27 of the M1Theft Act (Northern Ireland) 1969; and

(b)a compensation order made under [F40Article 14 of the Criminal Justice (Northern Ireland) Order 1994].

41 Costs.U.K.

(1)Where the Court of Appeal or [F41the Supreme Court] dismisses an application for leave to appeal under this Part of this Act, the Court or [F41the Supreme Court] may, if it thinks fit,—

(a)where the application was made by the prosecutor, order the payment by the Secretary of State to the defendant of such sums as appear to the Court or [F41the Supreme Court] reasonably sufficient to compensate the defendant for any expenses properly incurred by him in resisting the application; or

(b)where the application was made by the defendant, order him to pay the whole or any part of the costs of the application.

(2)Where an appeal to [F41the Supreme Court] from the Court under this Part of this Act is determined in favour of the defendant, [F41the Supreme Court] may, if it thinks fit, order the payment by the Secretary of State of such sums as appear to [F41the Supreme Court] reasonably sufficient to compensate the defendant for any expenses properly incurred by him—

(a)in the appeal to [F41the Supreme Court] or in the proceedings before the Court, as the case may be (including the cost of any application for leave to appeal); or

(b)in carrying on his defence before the Crown Court, at the F42... preliminary enquiry and before any other court before which proceedings for the offence in respect of which he was committed for trial were begun but not concluded.

(3)Where in any proceedings on an appeal or application for leave to appeal to [F41the Supreme Court] under this Part of this Act, an interpreter is required because of a defendant’s lack of English, the expenses properly incurred on his employment shall be defrayed by the Secretary of State up to an amount allowed by [F41the Supreme Court] .

(4)Except as provided by this section, no costs shall be allowed on the hearing or determination of an appeal under this Part of this Act or of any proceedings preliminary or incidental to such an appeal.

42 Taxation of costs.U.K.

(1)Any amount which the Court of Appeal orders to be paid under section 41(1) of this Act shall, except where it is a specific amount ordered to be paid towards the costs of the application as a whole, be ascertained as soon as practicable by the Court.

(2)Any amount which [F43the Supreme Court] orders to be paid under section 41(1) or (2) of this Act shall, except as aforesaid, be ascertained as soon as practicable [F44under Supreme Court Rules] .

(3)Where the Court or [F45the Supreme Court] orders the payment of costs by the defendant under section 41 of this Act, the order shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case.