Criminal Appeal (Northern Ireland) Act 1980
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Change 1
15 Reference of point of law following acquittal on indictment.
(1) Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the Director of Public Prosecutions for Northern Ireland may, if he desires the opinion of the Court of Appeal on a point of law which has arisen in the case, refer that point to the Court, and the Court shall, in accordance with this section, consider the point and give the Court’s opinion on it. (2) For the purpose of the Court’s consideration of a point referred to it under this section, the Court shall hear argument— (a) by, or by counsel on behalf of, the Director of Public Prosecutions for Northern Ireland; and (b) if the acquitted person desires to present any argument to the Court, by counsel on his behalf or, with the leave of the Court, by the acquitted person himself. (3) Where on a point being referred to the Court under this section the acquitted person appears by counsel for the purpose of presenting any argument to the Court, he shall be entitled to his costs, that is to say to the payment by the Department of Justice of such sums as are reasonably sufficient to compensate him for his expenses properly incurred for the purpose of being represented on the reference; and any amount recoverable under this subsection shall be ascertained as soon as practicable by the Master (Taxing Office). (4) A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.
15 Reference of point of law following acquittal on indictment.
(1) Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the Director of Public Prosecutions for Northern Ireland may, if he desires the opinion of the Court of Appeal on a point of law which has arisen in the case, refer that point to the Court, and the Court shall, in accordance with this section, consider the point and give the Court’s opinion on it. (2) For the purpose of the Court’s consideration of a point referred to it under this section, the Court shall hear argument— (a) by, or by counsel on behalf of, the Director of Public Prosecutions for Northern Ireland; and (b) if the acquitted person desires to present any argument to the Court, by counsel on his behalf or, with the leave of the Court, by the acquitted person himself. (3) Where on a point being referred to the Court under this section the acquitted person appears by counsel for the purpose of presenting any argument to the Court, he shall be entitled to his costs, that is to say to the payment by the Department of Justice of such sums as are reasonably sufficient to compensate him for his expenses properly incurred for the purpose of being represented on the reference; and any amount recoverable under this subsection shall be ascertained as soon as practicable by the Master (Taxing Office). (4) A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.
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