PART XIIAPPEAL AND CASE STATED

Appeals to county court

Appeals against conviction or sentence, etc.140

1

Subject to this Article, a person convicted by a magistrates' court may appeal to a county court,—

a

whether or not he pleaded guilty, against his sentence;

C1C2C3b

if he did not plead guilty, against the conviction.

F11A

Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (under which a conviction of an offence for which an order for conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Article, whether against conviction or otherwise.

2

In paragraph (1) “sentence” includes any orderF2 passed on the person for the offence, whether on conviction or in subsequent proceedings, not being—

Sub‐para. (a) rep. by 1996 NI 24

  1. b

    an order for the payment of costs; or

  2. c

    any other order subject to a restriction referred to in paragraph 9(1)(b) of Schedule 5.

F22A

A person may appeal to a county court against—

a

a fine imposed under paragraph (a), or an order made under paragraph (b) or (c), of paragraph 3(1) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);

b

the dismissal of an application under Part 3 or 4 of that Schedule;

c

a fine imposed, or an order made, under Article 41(2) orF3 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);

d

an order made under ArticleF3 or 54(3)(a) of that Order;

e

an order made under paragraph 3 of Schedule 1A to that Order; or

f

the dismissal of an application under paragraph 5 of that Schedule (otherwise than to the Crown Court) to make an order under sub-paragraph (1) of that paragraph.

Para. (3) rep. by 1996 NI 24

4

A person ordered underF1 Article 7(1) of the Criminal Justice (Northern Ireland) Order 1996 to give good security for the good behaviour of an offender may appeal to the county court.