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Criminal Appeal (Northern Ireland) Act 1980

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SCHEDULES

Section 7(4).

SCHEDULE 1E+W+S+N.I. Provisions Applicable on Retrial

Legal AidE+W+S+N.I.

1[F1Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981] (grant of certificate to person returned for trial on indictment) shall apply in the case of an appellant who is to be retried by virtue of an order under section 6 of this Act as if he had been committed for trial for the offence or the offences in question, and as if references in [F1paragraph (2) of the said Article 29] to a magistrates’ court included references to the Court of Appeal.E+W+S+N.I.

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Amendments (Textual)

F1Words substituted by S.I. 1981/228 (N.I. 8), Sch. 3

[F2EvidenceF2]E+W+S+N.I.

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Amendments (Textual)

F2Sch. 1 para. 2 and preceding cross-heading substituted (N.I) (18.4.2005) for Sch. 1 para. 2, 2A and preceding cross-heading by The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), arts. 1, 34 (with savings in art. 43); S.R. 2005/242, art. 2

[F32.—(1)Evidence given at a retrial ordered under section 6 of this Act must be given orally if it was given orally at the original trial, unless—E+W+S+N.I.

(a)all the parties to the retrial agree otherwise;

(b)Article 20 of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 applies (admissibility of hearsay evidence where a witness is unavailable); or

(c)the witness is unavailable to give evidence, otherwise than as mentioned in paragraph (2) of that Article, and Article 18(1)(d) of that Order applies (admission of hearsay evidence under residual discretion).

(2)On a retrial ordered under section 6 of this Act, Article 42(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (reading of depositions) shall not apply to the depositions of any person who gave evidence at the original trial.F3]

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Amendments (Textual)

F3Sch. 1 para. 2 and preceding cross-heading substituted (N.I) (18.4.2005) for Sch. 1 para. 2, 2A and preceding cross-heading by The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), arts. 1, 34 (with savings in art. 43); S.R. 2005/242, art. 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conviction and sentenceE+W+S+N.I.

3Notwithstanding any rule of law to the contrary, a person ordered to be retried under section 6 of this Act may, if found guilty, be convicted on the retrial and the court before whom he is so convicted may pass in respect of the offence of which he is so convicted any sentence authorised by law to be imposed upon a conviction for that offence.E+W+S+N.I.

4Without prejudice to the power of the court to impose any other sentence, the court before whom a person is convicted on retrial may pass in respect of the offence any sentence lawfully passed in respect of the offence charged on the original conviction notwithstanding that, on the date of the conviction on retrial, that person has ceased to be of an age at which such a sentence could otherwise be passed.E+W+S+N.I.

5Where the person convicted on retrial is sentenced to imprisonment or other detention, the sentence shall begin to run from the time when such a sentence passed at the original trial would have begun to run; but, in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be disregarded—E+W+S+N.I.

(a)any time before his conviction on retrial which would have been disregarded if the sentence had been passed at the original trial and the original conviction had not been quashed; or

(b)any time during which he was at large after being admitted to bail under section 17 of this Act.

Section 13(6).

SCHEDULE 2E+W+S+N.I. Consequences and Effect of Order under Section 13(6) for Detention in Hospital

1(1)An order for detention under section 13(6) of this Act shall be sufficient authority for a constable, [F6an approved social worker] or any other person directed by the Court of Appeal to take the person to whom the order relates and convey him at any time within the period of seven days beginning with the date on which the order was made, to the hospital mentioned in that subsection.E+W+S+N.I.

(2)The Court of Appeal may give such directions as it thinks fit for the conveyance of the person to whom the order relates to a place of safety within the meaning of [F7Article 129(7) of the Mental Health Order] and his detention therein pending his admission to hospital within the said period of seven days.

(3)Where a person is ordered under section 13(6) of this Act to be detained in a hospital, the order shall be sufficient authority to detain him in the hospital in accordance with the provisions of the [F7Mental Health Order], as applied by the next following paragraph.

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Amendments (Textual)

2A person who is detained in hospital in pursuance of an order under section 13(6) of this Act shall be treated for the purposes of [F8the Mental Health Order] as if he had been admitted on the date of the order in pursuance of an application [F8for assessment duly made under Part II of that Order].E+W+S+N.I.

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Amendments (Textual)

F9F9SCHEDULE 3E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 51(1)

SCHEDULE 4E+W+S+N.I. Amendments.

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Modifications etc. (not altering text)

C1The text of Schedule 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Criminal Justice Act (Northern Ireland) 1945 (c. 15).E+W+S+N.I.

1In section 33(4) for the words from “may appeal” to “and that Court” substitute the words “ may appeal under Part I of the Criminal Appeal (Northern Ireland) Act 1980 to the Court of Appeal, and that Court ”.E+W+S+N.I.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S+N.I.

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Amendments (Textual)

The Geneva Convention Act 1957 (c. 52).E+W+S+N.I.

3In section 4 in subsection (1) for the words “section 3(1)(a) of the Criminal Appeal (Northern Ireland) Act 1968” substitute the words “ section 27(1)(a) of the Criminal Appeal (Northern Ireland) Act 1980 ” and in the Table following subsection (1A) for the entry relating to the Criminal Appeal (Northern Ireland) Act 1968 substitute the following entry—E+W+S+N.I.

The Criminal Appeal (Northern Ireland) Act 1980 Section 32(1).

4, 5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S+N.I.

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Amendments (Textual)

The Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10).E+W+S+N.I.

6In section 3(4) for the words “section 13 of the Criminal Appeal (Northern Ireland) Act 1968” and “section 46(2) of the Criminal Appeal (Northern Ireland) Act 1968” substitute the words “ section 6 of the Criminal Appeal (Northern Ireland) Act 1980 ” and “ section 41(2) of the Criminal Appeal (Northern Ireland) Act 1980 ” respectively.E+W+S+N.I.

7In section 4. . . F12 in subsection (2) for the words “section 32(2)” substitute the words “ section 28(2) ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

8In section 6 for the words “section 32(2) of the Criminal Appeal (Northern Ireland) Act 1968” substitute the words “ section 28(2) of the Criminal Appeal (Northern Ireland) Act 1980 ”.E+W+S+N.I.

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34).E+W+S+N.I.

9In section 76(6)(b) for the words “the Criminal Appeal (Northern Ireland) Act 1968” substitute the words “ section 9 of the Criminal Appeal (Northern Ireland) Act 1980 ”.E+W+S+N.I.

The Criminal Jurisdiction Act 1975 (c. 59).E+W+S+N.I.

10In Part II of Schedule 4, in paragraph 5(1)(b) for the words “Act 1968” substitute the words “ Act 1980 ”.E+W+S+N.I.

The Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I.4)).E+W+S+N.I.

11In Article 4 for the words “or (5)a” substitute the words “ a magistrates’ ” and at the end add the words “ and where under Article 3(1) or (5) the Crown Court orders that a person be returned to prison or to a young offenders centre, that person may appeal against that order in accordance with section 9 of the Criminal Appeal (Northern Ireland) Act 1980 ”.E+W+S+N.I.

F1312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F1413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

THE NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1978 (C. 5).E+W+S+N.I.

F1514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

THE JUDICATURE (NORTHERN IRELAND) ACT 1978 (C. 23).E+W+S+N.I.

15In section 36(1) for the words “and section 48 of the Criminal Appeal Act, every appeal or reference to the Court of Appeal” substitute the words “ every appeal to the Court of Appeal, other than an appeal under the Criminal Appeal Act, ”.E+W+S+N.I.

16In section 44(6) for the words “Part II” substitute the words “ Part I ”.E+W+S+N.I.

17In section 49(6) for the words “section 20(1)” substitute the words “ section 16(1) ”.E+W+S+N.I.

18In section 120(1) in the definition of “Criminal Appeal Act” for the words “Act 1968” substitute the words “ Act 1980 ” and in the definition of “sentence” for the words “section 35 of the Criminal Appeal (Northern Ireland) Act 1968”, substitute the words “ section 30 of the Criminal Appeal (Northern Ireland) Act 1980 ”.E+W+S+N.I.

Section 51(2)

SCHEDULE 5E+W+S+N.I. Repeals.

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Modifications etc. (not altering text)

C2The text of Schedule 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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