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

Part I U.K. Appeal to Court of Appeal from Crown Court

Modifications etc. (not altering text)

C1 Ss. 1-30 (Pt. I) extended (N.I.) (25.8.1996) by 1996 c. 22, ss. 11(6), 62(1) (with s. 62(2))

Interpretation U.K.

Valid from 14/07/2008

[F1 29A Effect of interim hospital orders U.K.

(1) This section applies where the Court of Appeal—

(a) makes an interim hospital order by virtue of any provision of this Part, or

(b) renews an interim hospital order so made.

(2) The Crown Court shall be treated for the purposes of Article 45(6) of the Mental Health Order (absconding offenders) as the court that made the order.]

Textual Amendments

F1 S. 29A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 47, 153(7)(8), Sch. 8 para. 20(2); S.I. 2008/1586, art. 2(1)(3), Sch. 1 para. 26 (subject to Sch. 2)

30 Interpretation of Part I. U.K.

[F2 (1)] In this Part of this Act, unless the context otherwise requires,—

• “appellant” includes a person who has given notice of application for leave to appeal;

• “the court of trial” means, in relation to an appeal, the court from which the appeal lies;

• “insane person” has the meaning given to it by section 1 of the M1 Criminal Justice Act (Northern Ireland) 1966, and “insanity” shall be construed accordingly; and

• “sentence” includes any order of the court of trial made on conviction with reference to the person convicted or his wife or children, and any recommendation of that court as to the making of a deportation order in the case of a person convicted;

and a power of the Court of Appeal to pass sentence includes power to make any such order or recommendation which could lawfully have been made by the court of trial.

[F3 (2) In this Part of this Act “sentence” also includes—

(a) a confiscation order made by the Crown Court under the M2 Northern Ireland (Emergency Provisions) Act 1991;

(b) an order varying such an order; and

(c) an order made by the Crown Court varying a confiscation order made by the High Court by virtue of section 52B of the Act of 1991.]

Textual Amendments

F2 S. 30 renumbered s. 30(1) (3.2.1995) by 1993 c. 36, Sch. 5 Pt. I para. 3; S.I. 1995/43 arts. 2, 3(3)(b)

F3 S. 30(2) inserted (3.2.1995) by 1993 c. 36, Sch. 5 Pt. I para. 3; S.I. 1995/43 arts. 2, 3(3)(b)

Marginal Citations

M1 1966 c. 20

M2 1991 c. 24.