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In force since 2023-12-20, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 8fced931bedd88cea3ecb777f2b6cb13de4e6ccf03a619d0a49e071664097d6f
No one has proposed a change to this act yet.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) For the purpose of disposing of an appeal under this Part of this Act, the Supreme Court may exercise any powers of the Court or may remit the case to the Court.
Propose a change(1) Where the Court of Appeal has given its opinion on a point referred to the Court under section 15 of this Act the Court may, of its own motion or in pursuance of an application in that behalf, refer the point to the Supreme Court if it appears to the Court that the point ought to be considered by the Supreme Court . (2) If a point is referred to the Supreme Court under subsection (1) of this section, the Supreme Court shall consider the point and give the Supreme Court's opinion on it accordingly; and section 33(1) of this Act shall apply also in relation to any proceedings of the Supreme Court under this section. (3) Where on a point being referred to the Supreme Court under this section the acquitted person appears by counsel for the purpose of presenting any argument to the Supreme 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 under Supreme Court Rules . (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.
Propose a changeThe Court of Appeal may, if it thinks fit, on the application of an appellant under this Part of this Act or a person applying for leave to appeal thereunder, other than a person appealing or applying for leave to appeal from a decision on an appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (appeals against orders or rulings at preparatory hearings) or Part IV of the Criminal Justice (Northern Ireland) Order 2004 (prosecution appeals), admit him to bail pending an appeal from the Court.
Propose a change(1) Where the defendant in any proceedings from which an appeal lies to the Supreme Court under this Part of this Act would, but for the decision of the Court of Appeal, be liable to be detained and immediately after that decision the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal, the Court shall make— (a) an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 35 above), so long as the appeal is pending, or (b) an order that he be released without bail. (1A) The Court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal. (2) An order under subsection (1)(a) above shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the Court. (3) When an order is made under subsection (1)(a) in the case of a defendant who, but for the decision of the Court, would be liable to be detained in pursuance of an order or direction under the Mental Health Order (otherwise than under Article 42, 43 or 45 of that Order), the order under subsection (1)(a) shall be one authorising his continued detention in pursuance of the order or direction, and the provisions of that Order with respect to persons so liable (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly. (3A) Where an order is made under subsection (1)(a) in the case of a defendant who, but for the decision of the Court, would be liable to be detained in pursuance of a remand under Article 43 of the Mental Health Order or an interim hospital order under Article 45 of that Order, the order may, if the Court thinks fit, be one authorising his continued detention in a hospital and in that event— (a) subsection (2) of this section shall not apply to the order; (b) Part III of the Mental Health Order shall apply to him as if he had been ordered under this section to be detained in custody so long as an appeal to the Supreme Court is pending and were detained in pursuance of a transfer direction together with a restriction direction; and (c) if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, paragraph (2) of the said Article 45 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order. (4) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if— (a) the Court of Appeal has made an order under subsection (1)(b), or (b) the Court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (2) or the defendant has been released or discharged by virtue of subsection (3) or (3A).
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Propose a changeA defendant who has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who is detained pending an appeal under this Part of this Act shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where Supreme Court Rules or rules of court, as the case may be, authorise him to be present or where the Supreme Court or the Court of Appeal, as the case may be, gives him leave to be present.
Propose a change(1) If a person subject to a sentence is admitted to bail pending an appeal under this Part of this Act, the time during which he is at large after being so admitted shall be disregarded in computing the term of his sentence. (2) Subject to the foregoing subsection, any sentence passed on such an appeal in substitution for another sentence shall, unless the Supreme Court or the Court of Appeal otherwise directs, begin to run from the time when the other sentence would have begun to run.
Propose a change(1) Where the operation of an order for the restitution of property made on conviction on indictment is suspended until the determination of an appeal to the Court of Appeal, then, if the conviction is not quashed on that appeal, the operation of the order shall continue to be suspended— (a) in any case until the expiration of the time within which an application for leave to appeal under this Part of this Act may be made (disregarding any extension of time which may be granted under section 32(2) of this Act); and (b) if any such application is made within that time, so long as the appeal under this Part of this Act is pending. (2) Where the operation of any such order is suspended under this section— (a) the order shall not take effect if the conviction is quashed on appeal to the Supreme Court ; and (b) such steps shall be taken for the safe custody of the property in question during the period during which the operation of the order is suspended as may be prescribed. (3) Where by reason of the quashing by the Court of a person’s conviction such an order does not take effect and on an appeal under this Part of this Act the conviction is restored by the Supreme Court , the Supreme Court may make any order for the restitution of property which could be made on his conviction by the court which convicted him. (4) References in this section to an order for the restitution of property include references to— (a) an order made under section 27 of the Theft Act (Northern Ireland) 1969; and (b) a compensation order made under Article 14 of the Criminal Justice (Northern Ireland) Order 1994.
Propose a change(1) Where the Court of Appeal or the Supreme Court dismisses an application for leave to appeal under this Part of this Act, the Court or the Supreme Court may, if it thinks fit,— (a) where the application was made by the prosecutor, order the payment by the Secretary of State to the defendant of such sums as appear to the Court or the Supreme Court reasonably sufficient to compensate the defendant for any expenses properly incurred by him in resisting the application; or (b) where the application was made by the defendant, order him to pay the whole or any part of the costs of the application. (2) Where an appeal to the Supreme Court from the Court under this Part of this Act is determined in favour of the defendant, the Supreme Court may, if it thinks fit, order the payment by the Secretary of State of such sums as appear to the Supreme Court reasonably sufficient to compensate the defendant for any expenses properly incurred by him— (a) in the appeal to the Supreme Court or in the proceedings before the Court, as the case may be (including the cost of any application for leave to appeal); or (b) in carrying on his defence before the Crown Court, at the ... preliminary enquiry and before any other court before which proceedings for the offence in respect of which he was committed for trial were begun but not concluded. (3) Where in any proceedings on an appeal or application for leave to appeal to the Supreme Court under this Part of this Act, an interpreter is required because of a defendant’s lack of English, the expenses properly incurred on his employment shall be defrayed by the Secretary of State up to an amount allowed by the Supreme Court . (4) Except as provided by this section, no costs shall be allowed on the hearing or determination of an appeal under this Part of this Act or of any proceedings preliminary or incidental to such an appeal.
Propose a change(1) Any amount which the Court of Appeal orders to be paid under section 41(1) of this Act shall, except where it is a specific amount ordered to be paid towards the costs of the application as a whole, be ascertained as soon as practicable by the Court. (2) Any amount which the Supreme Court orders to be paid under section 41(1) or (2) of this Act shall, except as aforesaid, be ascertained as soon as practicable under Supreme Court Rules . (3) Where the Court or the Supreme Court orders the payment of costs by the defendant under section 41 of this Act, the order shall be enforceable in the same manner as an order for payment of costs made by the High Court in a civil case.
Propose a change(1) The Court of Appeal shall have full power to determine, in accordance with this Act, any question necessary to be determined for the purpose of doing justice in the case before the Court. (2) Except as provided by Part II of this Act, the determination by the Court of any appeal or other matter under Part I of this Act shall be final and no appeal shall lie from any such determination to any other court.
Propose a change(1) Subject to the provisions of this and the next following section, every appeal or reference to the Court of Appeal under this Act or section 36 of the Criminal Justice Act 1988 and every matter preliminary or incidental to such appeal or reference shall be heard before three judges of the Court and shall, where necessary, be determined according to the opinion of the majority. (2) Where the Lord Chief Justice so directs, any such appeal, reference or matter may be heard before two judges. (3) Where in accordance with subsection (2) above an appeal, reference or matter is heard before two judges and those judges differ in opinion it shall be re-heard and determined by three judges. (4) No judge of the Court shall sit as a judge on the hearing of, or shall determine any application in proceedings incidental or preliminary to— (a) an appeal against a conviction before him or a sentence passed by him; or (b) a reference to the Court under section . . . 15 of this Act or section 36 of the Criminal Justice Act 1988 of any case or any point arising in any case tried before him.
Propose a change(1) Subject to section 44(4) above, the powers of the Court of Appeal under Part I of this Act which are specified in subsection (2) below and the powers of the Court under Part II of this Act which are specified in subsection (3) below may be exercised by a single judge of the Court. (2) The said powers under Part I of this Act are the following, namely— (a) to give leave to appeal; (b) to make orders under section 7(2) of this Act and discharge or vary such orders; (c) to extend the time for giving notice of appeal or of application for leave to appeal; (d) to exercise the powers conferred by section 17 of the Act; (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) to give leave for an appellant to be present at any proceedings; (fa) to give a live link direction under section 24(2A); or under section 18 of the Justice Act (Northern Ireland) 2011 (g) to order a witness to attend for examination; (h) to give directions under section 29(2) of this Act; (i) to hear and determine such other matters preliminary or incidental to an appeal as may be prescribed. (3) The said powers under Part II of this Act are the following, namely— (a) to extend the time for applying for leave to appeal; (b) to make an order for or in relation to bail; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) to give leave for a defendant to be present at the hearing of any proceedings preliminary or incidental to an appeal; (e) to make an order under section 41(1) of this Act. (3ZA) The power of the Court of Appeal to renew an interim hospital order made by it by virtue of any provision of this Act may be exercised by a single judge in the same manner as it may be exercised by the Court. (3A) The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court. (3B) Subject to section 44(4) above, the power of the Court of Appeal to approve a person under section 47A of this Act may be exercised by a single judge of the Court. (3C) Subject to section 44(4) above, the power of the Court of Appeal to give leave under section 14(4B) of the Criminal Appeal Act 1995 may be exercised by a single judge of the Court. (3D) The power of the Court of Appeal to grant leave to appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court. (3E) Subject to section 44(4) above, the powers of the Court of Appeal to make, discharge or vary a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 may be exercised by a single judge of the Court. (4) An appellant who is aggrieved by the decision of a single judge on any matter under this section shall be entitled to have the matter re-heard and determined by the Court as constituted under section 44 of this Act.
Propose a changeUnless the Court of Appeal directs to the contrary in a case where it considers the question to be one of law on which it would be convenient that separate judgments should be pronounced by the members of the Court, on an appeal under this Act— (a) the judgment of the Court shall be pronounced by the president of the Court or such other member of the Court hearing the case as the president directs; and (b) no judgment with respect to the determination of any question shall be separately pronounced by any other member of the Court.
Propose a change(1) The officers of the Crown Court, the governor and other officers of any prison, any other officer having the custody of an appellant and all other persons shall comply with any rules of court so far as affecting those officers or persons; and compliance with such rules may be enforced by order of the Court of Appeal. (2) No rule of court affecting the governor or any other officer of a prison or any officer having the custody of an appellant shall be made except after consultation with the Secretary of State.
Propose a change(1) Where a person has died— (a) any relevant appeal which might have been begun by him had he remained alive may be begun by a person approved by the Court of Appeal; and (b) where any relevant appeal was begun by him while he was alive or is begun in relation to his case by virtue of paragraph (a) above or by a reference by the Criminal Cases Review Commission, any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved. (2) In this section “relevant appeal” means— (a) an appeal under section 1, 8, 9, 12 or 13A of this Act; or (b) an appeal under section 31 of this Act from any decision of the Court of Appeal on an appeal under any of those sections. (3) Approval for the purposes of this section may only be given to— (a) the widow or widower of the dead person; (b) a person who is the personal representative (within the meaning of the Wills and Administration Proceedings (Northern Ireland) Order 1994) of the dead person; or (c) any other person appearing to the Court of Appeal to have, by reason of a family or similar relationship with the dead person, a substantial financial or other interest in the determination of a relevant appeal relating to him. (4) Except in the case of an appeal begun by a reference by the Criminal Cases Review Commission, an application for such approval may not be made after the end of the period of one year beginning with the date of death. (5) Where this section applies, any reference in this Act to the appellant shall, where appropriate, be construed as being or including a reference to the person approved under this section.
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Propose a changeNothing in this Act is to be taken as affecting the prerogative of mercy.
Propose a change(1) In this Act— “the Court” means the Court of Appeal; “the Master” means the Master (Queen’s Bench and Appeals); “Northern Ireland legislation” has the meaning assigned to that expression by section 24(5) of the Interpretation Act 1978; “prescribed” means prescribed by rules of court; “rules of court” means rules made or having effect as if made under section 55 of the Judicature (Northern Ireland) Act 1978. (1A) In this Act “the Mental Health Order” means the Mental Health (Northern Ireland) Order 1986 and words or expressions used in this Act and in that Order have the same meaning in this Act as in that Order. (2) Any reference in this Act to a provision contained in Northern Ireland legislation shall be construed as including a reference to a provision corresponding thereto and for the time being in force in Northern Ireland.
Propose a change(1) The enactments specified in Schedule 4 to this Act shall be amended as shown in that Schedule. (2) The enactments specified in the first and second columns of Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule. (3) Any right of appeal subsisting immediately before the commencement of this Act by virtue of an enactment repealed thereby shall after that commencement be treated as subsisting by virtue of the corresponding provision of this Act. (4) Any appeal or application pending before the said commencement under an enactment so repealed may be prosecuted and disposed of in accordance with the provisions of this Act corresponding to those in force immediately before the said commencement and applicable to the appeal or application.
Propose a change(1) This Act may be cited as the Criminal Appeal (Northern Ireland) Act 1980. (2) This Act shall come into operation on the expiry of the period of one month beginning with the date on which it is passed.
Propose a changeSection 7(4). Legal Aid 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence 2.— (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— (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. 2A Subject to paragraph 2 above, evidence given orally at the original trial must be given orally at the retrial. Conviction and sentence 3 Notwithstanding 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. 4 Without 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. 5 Where 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— (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.
Propose a changeSection 13(6). 1 (1) An order for detention under section 13(6) of this Act shall be sufficient authority for a constable, an 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. (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 Article 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 Mental Health Order, as applied by the next following paragraph. 2 A 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 the Mental Health Order as if he had been admitted on the date of the order in pursuance of an application for assessment duly made under Part II of that Order.
Propose a changeAppeal to Court of Appeal 1 The power of the Court of Appeal under section 16 of this Act to extend the time for giving notice of appeal, or of application for leave to appeal, shall not be exercisable in the case of a conviction involving sentence of death. 2 In the case of a conviction involving sentence of death— (a) the sentence shall not in any case be executed until after the expiration of the time for giving notice of appeal or of application for leave to appeal under the said section 16; and (b) if notice is so given, the appeal or application shall be heard and determined with as much expedition as practicable, and the sentence shall not be executed until after the determination of the appeal or, in a case where an application for leave to appeal is finally refused, of the application. Appeal to House of Lords 3 The power of the Court of Appeal or the House of Lords under section 32 of this Act to extend the time for making an application for leave to appeal shall not be exercisable in the case of a conviction involving sentence of death. 4 An application for leave to appeal under Part II of this Act in a case involving sentence of death and any appeal for which leave is granted on the application, shall be heard and determined with as much expedition as practicable. 5 Where an appeal to the Court of Appeal is dismissed in a case involving sentence of death, the sentence shall not in any case be executed until after the expiration of the time for making an application for leave to appeal under Part II of this Act; and if such an application is duly made, the sentence shall not be executed while that application, and any appeal for which leave to appeal is granted thereon, is pending. 6 Section 32(3) of this Act applies for the construction of paragraph 5 above.
Propose a changeSection 51(1) The Criminal Justice Act (Northern Ireland) 1945 (c. 15). 1 In 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 ”. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Geneva Convention Act 1957 (c. 52). 3 In 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— The Criminal Appeal (Northern Ireland) Act 1980 Section 32(1) . 4, 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10). 6 In 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. 7 In section 4. . . in subsection (2) for the words “section 32(2)” substitute the words “ section 28(2) ”. 8 In 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 ”. The Children and Young Persons Act (Northern Ireland) 1968 (c. 34). 9 In 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 ”. The Criminal Jurisdiction Act 1975 (c. 59). 10 In Part II of Schedule 4, in paragraph 5(1)(b) for the words “Act 1968” substitute the words “ Act 1980 ”. The Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I.4)). 11 In 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 ”. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE NORTHERN IRELAND (EMERGENCY PROVISIONS) ACT 1978 (C. 5). 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE JUDICATURE (NORTHERN IRELAND) ACT 1978 (C. 23). 15 In 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, ”. 16 In section 44(6) for the words “Part II” substitute the words “ Part I ”. 17 In section 49(6) for the words “section 20(1)” substitute the words “ section 16(1) ”. 18 In 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 ”.
Propose a changeSection 51(2)
Propose a change