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Judicature (Northern Ireland) Act 1978

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This is the original version (as it was originally enacted).

36Composition of Court of Appeal

(1)Subject to the provisions of this and the next following section and section 48 of the Criminal Appeal Act, every appeal or reference to the Court of Appeal and every matter preliminary or incidental to such appeal or reference shall be heard before three judges of that court and shall, where necessary, be determined according to the opinion of the majority.

(2)Where the Lord Chief Justice so directs, any such appeal, reference or matter may be heard before two judges.

(3)Where in accordance with subsection (2) an appeal, reference or matter is heard before two judges and those judges differ in opinion—

(a)it shall, in the case of a criminal cause or matter, be re-heard and determined by three judges ;

(b)it may, in any other case, be so re-heard and determined on the application of any party thereto.

(4)No judge of the Court of Appeal shall sit as a judge on the hearing of, or shall determine any application in proceedings incidental or preliminary to—

(a)an appeal against a conviction before him or a sentence passed by him ; or

(b)an appeal from a judgment or order of that judge when sitting in the High Court or of a court of the High Court of which he was a member;

(c)a reference to the Court of Appeal under the Criminal Appeal Act of any case or any point arising in any case tried before him.

(5)Unless the Court of Appeal directs to the contrary in a case where it considers the question to be one of law on which it would be convenient that separate judgments should be pronounced by the members of the court, on an appeal under Part II of the Criminal Appeal Act—

(a)the judgment of the court shall be pronounced by the president of the court or such other member of the court hearing the case as the president directs; and

(b)no judgment with respect to the determination of any question shall be separately pronounced by any other member of the court.

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