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Judicature (Northern Ireland) Act 1978

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This is the original version (as it was originally enacted).

37Powers of a single judge in Court of Appeal

(1)Subject to section 36(4), a single judge of the Court of Appeal may exercise any of the following powers of the Court of Appeal under Part II of the Criminal Appeal Act, namely the power—

(a)to give leave to appeal;

(b)to extend the time within which notice of appeal or of application for leave to appeal may be given ;

(c)to allow an appellant to be present at any proceedings;

(d)to order a witness to attend for examination;

(e)to admit an appellant to bail;

(f)to make orders under section 14(2) of the Criminal Appeal Act and discharge or vary such orders ;

(g)to grant legal aid under section 23(2) of the Criminal Appeal Act;

(h)to give directions under section 33(2) of the Criminal Appeal Act;

(i)to hear and determine such other matters preliminary or incidental to an appeal as may be prescribed.

(2)In any cause or matter pending before the Court of Appeal, other than an appeal under the Criminal Appeal Act, any direction incidental thereto not involving the decision of the appeal may be given by a single judge of that court, and a single judge of that court may at any time during vacation make an order granting leave to appeal to the Court of Appeal or any interim order to prevent prejudice to the claims of any parties pending an appeal as he may think fit.

(3)An appellant who is aggrieved by the decision of a single judge on any matter under subsection (1) shall be entitled to have the matter re-heard and determined by the Court of Appeal as constituted under section 36 and every order made under subsection (2) by a single judge, other than an order granting leave to appeal, may be discharged or varied by the Court of Appeal.

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