Criminal Justice and Immigration Bill – in a Public Bill Committee am 12:00 pm ar 29 Tachwedd 2007.
Meaning of unsafe: Northern Ireland
‘(1) The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.
(2) In section 2 (grounds for allowing an appeal against conviction) after subsection (1) insert—
“(1A) For the purposes of subsection (1)(a), the conviction is not unsafe if the Court thinks that there is no reasonable doubt about the appellant’s guilt.
(1B) Subsection (1A) does not require the Court to dismiss the appeal if it thinks that it would seriously undermine the proper administration of justice to allow the conviction to stand.”
(3) In section 12 (appeal against finding of not guilty on ground of insanity), after subsection (2) insert—
“(2A) For the purposes of subsection (2)(a), the finding shall not be regarded as unsafe for a reason unrelated to the correctness of the finding of insanity if the Court thinks that there is no reasonable doubt that the accused did the act or made the omission charged.
(2B) Subsection (2A) does not require the Court to dismiss the appeal if it thinks that it would seriously undermine the proper administration of justice to allow the finding to stand.”
(4) In section 13A (appeal against finding of unfitness to be tried), after subsection (3) insert—
“(3A) For the purposes of subsection (3)(a), a finding shall not be regarded as unsafe for a reason unrelated to the correctness of the finding that the accused is unfit to be tried if the Court thinks that there is no reasonable doubt that the accused did the act or made the omission charged.
(3B) Subsection (3A) does not require the Court to dismiss the appeal if it thinks that it would seriously undermine the proper administration of justice to allow the finding to stand.”’.
(5) In section 25 (evidence)—
(a) in subsection (2)(b) after “allowing” insert “or dismissing”, and
(b) in subsection (2)(c) for “which is the subject of the appeal” substitute “which is relevant to the determination of the appeal”.
(6) After section 29 insert—
“Supplementary
29A Evidence given after close of prosecution case
In determining an appeal under this Part, the Court of Appeal shall not disregard any evidence solely on the ground that it was given after the judge at the appellant’s trial wrongly permitted the trial to continue after the close of the evidence for the prosecution.”’.—[Mr. Coaker.]