Article 140 Appeals against conviction or sentence, etc.

(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;

if he did not plead guilty, against the conviction.

F1(1A)

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

(b)
an order for the payment of costs; or
(c)
any other order subject to a restriction referred to in paragraph 9(1)(b) of Schedule 5.

(2A)

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 Article 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 under 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.

Annotations

Textual amendments

F1: 1996 NI 24
F2: 2002 c. 26
F3: prosp. insertion by 2002 c. 26 - see SR 2003 No.488 (C.37)

Modifications

C1: Art. 140(1)(b) extended (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), ss. 15(3), 31(2), Sch. 3 para. 4(5)(d) (with Sch. 8)
C2: Art. 140(1)(b) applied (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 4 para. 4(5)(d)
C3: Art. 140(1)(b) applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 9 para. 4(6)(d) (with s. 97); S.I. 2023/1272, reg. 2(b)