The Criminal Justice Act 2003 (Retrial for Serious Offences) (Northern Ireland) Order 2005 No. 203

BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland

You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Criminal Justice Act 2003 (Retrial for Serious Offences) (Northern Ireland) Order 2005 No. 203
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050203.html

[New search] [Help]

STATUTORY RULES OF NORTHERN IRELAND

2005 No. 203
SUPREME COURT OF NORTHERN IRELAND
The Criminal Justice Act 2003 (Retrial for Serious Offences) (Northern Ireland) Order 2005

	Made	4th April 2005
	Laid before Parliament
	Coming into operation	30th June 2005

The Secretary of State, in exercise of the powers conferred upon him by section 97 of the Criminal Justice Act 2003[1] hereby makes the following Order:

Citation, commencement and interpretation
1. - (1) This Order may be cited as the Criminal Justice Act (Retrial for Serious Offences) Order 2005 and shall come into operation on 30th June 2005.

(2) In this Order -

(3) References to a single judge are to any judge of the Court of Appeal.

Powers of Court of Appeal which are exercisable by single judge
2. - (1) There may be exercised by a single judge in the same manner as by the Court of Appeal, and subject to the same provisions the powers -

(a) to order the production of any document, exhibit or other thing under section 80(6)(a) of the 2003 Act; and

(b) to order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the Court of Appeal under section 80(6)(b) of the 2003 Act.

(2) If the single judge refuses an application on the part of a party to exercise in his favour the power specified in paragraph (1), the party shall be entitled to have his application determined by the Court of Appeal.

Powers of Court of Appeal which are exercisable by the proper officer
3. - (1) The following powers of the Court of Appeal may be exercised by the proper officer -

(a) the power to order the production of any document, exhibit or other thing under section 80(6)(a) of the 2003 Act; and

(b) the power to order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the Court of Appeal under section 80(6)(b) of the 2003 Act.

(2) If the proper officer refuses an application on the part of a party to exercise in his favour any of the powers specified in paragraph (1), the party shall be entitled to have his application determined by a single judge.

Paul Murphy
One of Her Majesty's Principal Secretaries of State

Northern Ireland Office
4th April 2005

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides the procedure for application to the Court of Appeal in cases of retrial for serious offences.

Notes:

[1] 2003 c. 39 back

ISBN 0 337 96014 3

Prepared 18 May 2005

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050203.html

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Criminal Justice Act 2003 (Retrial for Serious Offences) (Northern Ireland) Order 2005 No. 203 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050203.html