Constitutional Reform Act 2005

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

33 (1) The Criminal Appeal (Northern Ireland) Act 1980 is amended as follows.

(2) In section 31 (right of appeal to House of Lords)—

(a) in subsection (1) for “House of Lords” substitute “Supreme Court”;

(b) in subsection (2) for “the House of Lords” and “that House” substitute “the Supreme Court”.

(3) In section 32 (application for leave to appeal) for “the House of Lords” and “that House” in each place substitute “the Supreme Court”.

(4) In section 33 (hearing and disposal of appeal)—

(a) omit subsections (1) and (2);

(b) in subsection (3) for “House of Lords” substitute “Supreme Court”.

(5) In section 34 (further reference to House of Lords)—

(a) in the sidenote, for “House of Lords” substitute “Supreme Court”;

(b) in subsection (1) for “the House of Lords” and “that House” substitute “the Supreme Court”;

(c) in subsection (2)—

(i) for “the House of Lords” and “the House” in each place substitute “the Supreme Court”;

(ii) for “the House's” substitute “the Supreme Court's”;

(d) in subsection (3)—

(i) for “the House of Lords” in the first place and “the House” substitute “the Supreme Court”;

(ii) for the words from “by such officer” to “House of Lords” substitute “under Supreme Court Rules”.

(6) In section 36 (detention of defendant pending appeal by Crown) for “House of Lords” in each place substitute “Supreme Court”.

(7) In section 37 (legal aid), in subsection (3) for the words from “by the House of Lords” to “order of that House” substitute “under Supreme Court Rules”.

(8) In section 38 (presence of defendant at hearing)—

(a) for “an order of the House of Lords” substitute “Supreme Court Rules”;

(b) for “that House” substitute “the Supreme Court”.

(9) In section 39 (computation of sentence) in subsection (2) for “House of Lords” substitute “Supreme Court”.

(10) In section 40 (restitution of property) for “the House of Lords” and “that House” in each place substitute “the Supreme Court”.

(11) In section 41 (costs) for “the House of Lords” and “the House” in each place substitute “the Supreme Court”.

(12) In section 42 (taxation of costs)—

(a) in subsection (2)—

(i) for “the House of Lords” in the first place substitute “the Supreme Court”;

(ii) for the words from “by such officer” to “House of Lords” substitute “under Supreme Court Rules”;

(b) in subsection (3) for “the House of Lords” substitute “the Supreme Court”.

(13) In Schedule 3 (procedural and other modifications for capital cases) in paragraph 3 and in the italic heading preceding that paragraph for “House of Lords” substitute “Supreme Court”.