Judicature (Northern Ireland) Act 1978

36 Composition of Court of Appeal. E+W+S+N.I.

(1) Subject to the provisions of this and the next following section [F1 every appeal to the Court of Appeal, other than an appeal under the Criminal Appeal Act,] and every matter preliminary or incidental to such appeal . . . F2 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, . . . F3 or matter may be heard before two judges.

(3) Where in accordance with subsection (2) an appeal, . . . F3 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

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Amendments (Textual)

F1 Words substituted by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(1), Sch. 4 para. 15

F2 Words repealed by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(2), Sch. 5

F3 Word repealed by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(2), Sch. 5

F4 Ss. 36(4)(a)(c)(5), 37(1), 39, 40 repealed by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(2), Sch. 5