Power of Court of Appeal to disregard developments in the law: Northern Ireland

‘(1) The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

(2) In section 2 (appeals against conviction), after subsection (1B) (as inserted by section (Meaning of unsafe: Northern Ireland)(2)) insert—

“(1C) In determining for the purposes of subsection (1)(a) whether the conviction is unsafe the Court may, if it thinks it appropriate in all the circumstances of the case, disregard any development in the law since the date of the conviction.”

(3) In section 12 (appeal against finding of not guilty on ground of insanity), after subsection (2B) (as inserted by section (Meaning of unsafe: Northern Ireland)(3)) insert—

“(2C) In determining for the purposes of subsection (2)(a) whether the finding is unsafe the Court may, if it thinks it appropriate in all the circumstances of the case, disregard any development in the law since the date of the finding.”.

(4) In section 13A (appeal against finding of unfitness to be tried), after subsection (3B) (as inserted by section (Meaning of unsafe: Northern Ireland)(4)) insert—

“(3C) In determining for the purposes of subsection (3)(a) whether a finding is unsafe the Court may, if it thinks it appropriate in all the circumstances of the case, disregard any development in the law since the date of the finding. ” ’.—[Mr. Coaker.]

Brought up, and read the First time.

Motion made, and Question proposed,That the Clause be read a Second time.

I have spoken on the clauses before. I just want to clarify, in case anyone thought that we were just letting them through on the nod, that the powers of the Court of Appeal issues were discussed and debated fully some time ago. I hope that no one reading this afternoon’s Hansard would think that we had not dealt with it. We have dealt with it, but last week or the week before.

The hon. and learned Gentleman has made his point, which will be on the record. I trust that when people look at Hansard they read the whole lot and not just towards the end of a Bill.

Question put and agreed to.

Clause read a Second time, and added to the Bill.