Judicature (Northern Ireland) Act 1978

44 Appeal in cases of contempt of court. U.K.

(1) Subject to the provisions of this section, an appeal shall lie under this section from any order or decision of a court in Northern Ireland in the exercise of jurisdiction to punish for contempt of court (including criminal contempt); and in relation to any such order or decision the provisions of this section shall have effect in substitution for any other statutory provision, relating to appeals in civil or criminal proceedings.

(2) An appeal under this section shall lie in any case at the instance of the defendant and, in the case of an application for committal or attachment, at the instance of the applicant; and the appeal shall lie—

(a) from an order or decision of any inferior court (including a county court) or of a single judge of the High Court, or of any court having the powers of the High Court or a judge of that court, to the Court of Appeal;

(b) from an order or decision of the Court of Appeal (including an order or a decision of that court on an appeal under this section) and from an order or decision of the High Court, other than an order or decision of a single judge thereof, or of the [F1 Court Martial Appeal Court], to the [F2 Supreme Court].

(3) The court to which an appeal is brought under this section may reverse or vary the order or decision of the court below, and make such other order as may be just; and, without prejudice to the inherent powers of any court refered to in subsection (2), provision may be made by rules of court for authorising the release on bail of an appellant under this section.

(4) Subsections (2) to (4) of section 41 and paragraph 1 of Schedule 1 shall apply to an appeal to [F3 the Supreme Court] under this section, as they apply to an appeal to [F3 the Supreme Court] under the said section 41 except that so much of the said subsection (2) as restricts the grant of leave to appeal shall apply only where the decision of the court below is a decision on appeal to that court under this section.

(5) In this section “court” includes any tribunal or person having power to punish for contempt; and references in this section to an order or decision of a court in the exercise of jurisdiction to punish for contempt include references—

(a) to an order or decision of the High Court or a county court under any statutory provision enabling that court to deal with an offence as if it were contempt of court;

(b) to an order or decision of a county court under [F4 Article 54 or 55 of the County Courts (Northern Ireland) Order 1980 or under Article 34 or 51 of that Order so far as those Articles] confer jurisdiction in respect of contempt of court;

(c) to an order or decision of a magistrates’ court under [F5 Article 112 of the Magistrates’ Courts (Northern Ireland) Order 1981];

[F6 (d) to an order or decision of the Court Martial or the Summary Appeal Court under section 309 of the Armed Forces Act 2006;]

but do not include references to orders under any provision of , [F7 the County Courts (Northern Ireland) Order 1980] or the [F8 Magistrates’ Courts (Northern Ireland) Order 1981], except those referred to in paragraphs (b) and (c).

(6) This section does not apply to a conviction or sentence in respect of which an appeal lies under [F9 Part I] of the Criminal Appeal Act or to a decision of the Court of Appeal under that Part of that Act; and for the purposes of that Act and of this subsection an order for the punishment of any person for contempt of court in proceedings in which he has a right of appeal against his sentence shall be treated as a sentence in those proceedings.

Textual Amendments

F1 Words in s. 44(2)(b) substituted (28.3.2009 for certain purposes otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 83(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F2 Words in s. 44(2)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 30(7)(a); S. I. 2009/1604, art. 2(d)

F3 Words in s. 44(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 30(7)(b); S.I. 2009/1604, art. 2(d)

F4 Words substituted by S.I. 1980/397 (N.I. 3), art. 68(2), Sch. 1 Pt. II

F5 Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 51(a)

F6 S. 44(5)(d) inserted (28.3.2009 for certain purposes otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 83(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F7 Words substituted by S.I. 1980/397 (N.I. 3), Sch. 1 Pt. II

F8 Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 para. 51(b)

F9 Words substituted by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(1), Sch. 4 para. 16