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Criminal Appeal (Northern Ireland) Act 1980
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Changes over time for: Section 13A
Changes to legislation:
Criminal Appeal (Northern Ireland) Act 1980, Section 13A is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 13A:
- s. 13A(1) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 8(2)
- s. 13A(6) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 8(3)
- s. 13A(7) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 8(4)(a)
- s. 13A(7) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 8(4)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7(3A) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 3(3)(a)
- s. 7(3A) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 3(3)(b)
- s. 7(3A) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 3(3)(c)
- s. 36(3)(b) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 11(3)(b)(i)
- s. 36(3)(b) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 11(3)(b)(ii)
- s. 36(3)(c) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 11(3)(c)(i)
- s. 36(3)(c) words substituted by 2016 c. 18 (N.I.) Sch. 10 para. 11(3(c)(ii)
[F113A Appeal against finding of unfitness to be tried.U.K.
(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 [F2there has been][F3findings 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.]
[F4(2)An appeal under this section lies only—
(a)with the leave of the Court; or
(b)if [F5, 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.]
[F6(3)The Court—
(a)shall allow an appeal under this section if it thinks that [F7a finding] is unsafe; and
(b)shall dismiss such an appeal in any other case F8. . ..]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)[F9Where 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.]
[F10(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).]
Textual Amendments
F1S. 13A inserted by S.I. 1986/595 (N.I. 4), arts. 51(6), 136(1), Sch. 5 Pt. I
F2Words in s. 13A(1) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 12; S.I. 2005/579, art. 3(g)
F3Words in s. 13A(1) substituted (1.1.1998) by S.I. 1996/3160(N.I. 24) art. 58(1), Sch. 5 para. 7(a); S.R. 1997/523, art. 2(g)
F4S. 13A(2) substituted (1.1.1996) by 1995 c. 35, ss. 1(6), 32(1); S.I. 1995/3061, art. 3(a)
F5Words in s. 13A(2)(b) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 17; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)
F6S. 13A(3) substituted (1.1.1996) for s. 13A(3)(4) by 1995 c. 35, s. 2(6); S.I. 1995/3061, art. 3(a)
F7Words in s. 13A(3)(a) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153(7)(8), Sch. 26 para. 6; S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 48(d) (subject to Sch. 2)
F8Words in s. 13A(3) repealed (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1)(3), Sch. 5 para. 7(b), Sch. 7; S.R. 1997/523, art. 2(g)(i)(k)
F9Words in s. 13A(6) substituted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 7(d); S.R. 1997/523, art. 2(g)
F10S. 13A(8) added (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 7(e); S.R. 1997/523, art. 2(g)
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