Criminal Appeal (Northern Ireland) Act 1980

25 Evidence. U.K.

(1) For the purposes of [F1 an appeal [F2 , or an application for leave to appeal,] under] this Part of this Act, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—

(a) order the production of any document, exhibit, or other thing connected with the proceedings, the production of which appears to the Court necessary for the determination of the case;

[F3 (b) order any witness to attend and be examined before the Court (whether or not he was called at the trial); and]

[F4 (c) receive any evidence which was not adduced at the trial.]

[F5 (1A) The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—

(a) the Court;

(b) the appellant;

(c) the respondent.]

[F6 (2) The Court of Appeal shall, in considering whether to receive any evidence, have regard in particular to—

(a) whether the evidence appears to the Court to be capable of belief;

(b) whether it appears to the Court that the evidence may afford any ground for allowing the appeal;

(c) whether the evidence would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and

(d) whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings.]

(3) Subsection (1)(c) above applies to any [F7 evidence of a] witness (including the appellant) who is competent but not compellable F8 . . ..

[F9 (4) A live link direction under section 24(2A) does not apply to the giving of oral evidence by the appellant at any hearing unless that direction, or any subsequent direction of the court, provides expressly for the giving of such evidence through a live link.]

[F10 (4) In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.]

Textual Amendments

F1 Words in s. 25(1) inserted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 12(3); S.I. 1995/3061, art. 3(h)

F2 Words in s. 25(1) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 22(2); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)

F3 S. 25(1)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 22(3); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)

F4 S. 25(1)(c) substituted (1.1.1996) by 1995 c. 35, s. 4(2)(a); S.I. 1995/3061, art. 3(a)

F5 S. 25(1A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 22(4); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)

F6 S. 25(2) substituted (1.1.1996) by 1995 c. 35, s. 4(2)(b); S.I. 1995/3061, art. 3(a)

F7 Words in s. 25(3) inserted (1.1.1996) by 1995 c. 35, s. 4(2)(c); S.I. 1995/3061, art. 3(a)

F8 Word in s. 25(3) repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1995/3061, art. 3(i)

F9 S. 25(4) inserted (N.I.) (2.2.2009) "after subsection (3)" by virtue of The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1, 83(2); S.R. 2010/472, art. 2(4), Sch. Pt. 4

F10 S. 25(4) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 22(5); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)