Criminal Appeal (Northern Ireland) Act 1980

SupplementaryU.K.

47 Rules of court.U.K.

(1)The officers of the Crown Court, the governor and other officers of any prison, any other officer having the custody of an appellant and all other persons shall comply with any rules of court so far as affecting those officers or persons; and compliance with such rules may be enforced by order of the Court of Appeal.

(2)No rule of court affecting the governor or any other officer of a prison or any officer having the custody of an appellant shall be made except after consultation with the Secretary of State.

[F147A Appeals in cases of death.U.K.

(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.]

48 Appeal in capital cases.U.K.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49 Saving for prerogative of mercy.U.K.

Nothing in this Act is to be taken as affecting the prerogative of mercy.

50 Interpretation.U.K.

(1)In this Act—

• “the Court” means the Court of Appeal;

• “the Master” means the Master (Queen’s Bench and Appeals);

• “Northern Ireland legislation” has the meaning assigned to that expression by section 24(5) of the M1Interpretation Act 1978;

• “prescribed” means prescribed by rules of court;

• “rules of court” means rules made or having effect as if made under section 55 of the M2Judicature (Northern Ireland) Act 1978.

[F3(1A)In this Act “the Mental Health Order” means the Mental Health (Northern Ireland) Order 1986 and words or expressions used in this Act and in that Order have the same meaning in this Act as in that Order.]

(2)Any reference in this Act to a provision contained in Northern Ireland legislation shall be construed as including a reference to a provision corresponding thereto and for the time being in force in Northern Ireland.

51 Consequential amendments, repeals and transitional provisions.U.K.

(1)The enactments specified in Schedule 4 to this Act shall be amended as shown in that Schedule.

(2)The enactments specified in the first and second columns of Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)Any right of appeal subsisting immediately before the commencement of this Act by virtue of an enactment repealed thereby shall after that commencement be treated as subsisting by virtue of the corresponding provision of this Act.

(4)Any appeal or application pending before the said commencement under an enactment so repealed may be prosecuted and disposed of in accordance with the provisions of this Act corresponding to those in force immediately before the said commencement and applicable to the appeal or application.

52 Short title and commencement.U.K.

(1)This Act may be cited as the Criminal Appeal (Northern Ireland) Act 1980.

(2)This Act shall come into operation on the expiry of the period of one month beginning with the date on which it is passed.