2nd Sch.
4. For references to the Criminal Appeal Act, 1907, and the provisions of that Act set out in the first column of the following Table there shall be substituted references to the Criminal Appeal (Northern Ireland) Act, 1930, and the provisions set out in the second column of that Table.
Criminal Appeal Act, 1907 | Criminal Appeal (Northern Ireland) Act, 1930 |
Section ten | Subsection (2) of section ten |
Section fourteen | Section thirteen |
Section eighteen | Section sixteen |
5. For any reference to an order of mandamus, prohibition or certiorari there shall be substituted a reference to a writ of mandamus, prohibition or certiorari.
6. Any reference in a provision of this Act to any other provision of this Act shall be construed as a reference to that other provision as modified by this Schedule, and any reference in this Act to an enactment shall be construed as including references to an enactment of the Parliament of Northern Ireland.
Part II
Specific Modifications
Section one
At the end of subsection (1) there shall be added the following paragraph:—
- “(c) from any decision of the Court of Appeal in a criminal cause or matter upon a case stated by a county court or a magistrates’ court”.
Section four
(1) For subsection (2) there shall be substituted the following subsection:—
- “(2) Without prejudice to any other power of the Supreme Court or a judge thereof to grant bail, a person seeking to appeal from the Court of Appeal or the Divisional Court of the Queen’s Bench Division under section one of this Act may be admitted to bail by the court below pending the appeal; and in relation to any recognizances to be entered into under section three of the Summary Jurisdiction Act, 1857, or under section twenty-six of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland), 1935, any reference in those sections to the judgment of the Court of Appeal shall be construed as including a reference to the judgment of the House of Lords or, if the case is remitted by that House to the Court of Appeal, to the judgment of that court on the case as so remitted.”
(2) In subsection (3) the reference to the Divisional Court shall include a reference to the Court of Appeal.
Section five