Explanatory Memorandum

Criminal Justice (Northern Ireland) Order 2004

2004 No. 1500

Commentary on Articles

Part IV - Prosecution appeals

Continuation of proceedings for offences not affected by ruling

39.Article 19 deals with cases where the trial involves more than one offence but the appeal does not apply to all those offences. It enables proceedings to continue in relation to any offence to which the appeal does not apply. A ruling may affect several offences and several defendants but the prosecutor may only wish to appeal against the ruling insofar as it affects one or more of those defendants or offences.

40.The Article enables proceedings to continue, at the discretion of the trial judge, against any offences affected by the ruling but not by the appeal.