Explanatory Notes

Coroners and Justice Act 2009

2009 CHAPTER 25

12 November 2009

The Act

Commentary on Sections

Part 4 - Sentencing
Chapter 2:  Other provisions relating to sentencing
Section 141: Appeals against certain confiscation orders (Northern Ireland)

615.Section 141 inserts new subsections into section 10 of the Criminal Appeal (Northern Ireland) Act 1980 and a new section 10A to the Act.

616.The effect of section 141 on section 10 of the Criminal Appeal (Northern Ireland) Act 1980 is similar to the effect of section 140 on section 11 of the 1968 Act. However, there is no provision stating that the Northern Ireland Court of Appeal must ensure that any new order is not more severe than the one that it replaces. This is because the existing Northern Ireland provision in section 10(3) allows the Court of Appeal to pass more or less severe sentences on appeal.