{
  "url": "https://openlegislation.uk/criminal-appeal-northern-ireland-act-1980/section-38",
  "json_url": "https://openlegislation.uk/criminal-appeal-northern-ireland-act-1980/section-38.json",
  "legislation": "ukpga/1980/47",
  "legislation_title": "Criminal Appeal (Northern Ireland) Act 1980",
  "legislation_url": "https://openlegislation.uk/criminal-appeal-northern-ireland-act-1980",
  "path": "section/38",
  "kind": "section",
  "number": "38",
  "heading": "Presence of defendant at hearing.",
  "text": "A defendant who has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who is detained pending an appeal under this Part of this Act shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto, except where Supreme Court Rules or rules of court, as the case may be, authorise him to be present or where the Supreme Court or the Court of Appeal, as the case may be, gives him leave to be present.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 38 substituted (18.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 81(5), 336(3) (with s. 96(5)); S.I. 2005/950, art. 3"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 38 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(8)(a); S.I. 2009/1604, art. 2(d)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 38 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 33(8)(b); S.I. 2009/1604, art. 2(d)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1980/47/section/38",
    "retrieved_at": "2026-10-29T10:15:13.972942+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}