Part 3 Exceptions to Rule Against Double Jeopardy
Chapter 4 Miscellaneous
Article 20
Nothing in this Part shall affect any right of appeal or review provided by this Act or any other enactment or rule of law.
Part 4 Appeals and Matters Relating to Appeals
Chapter 1 With prejudice prosecution appeals
Article 23
(1) Where on or after the commencement of this section, a person is tried on indictment and acquitted of an offence, the Director, if he or she is the prosecuting authority in the trial, or the Attorney General as may be appropriate, F4[may, subject to subsection (3) and section 24, appeal the acquittal in respect of the offence concerned on a question of law to—
(I) the Court of Appeal, or
(II) in the case of a person who is tried on indictment in the Central Criminal Court, the Court of Appeal or the Supreme Court under Article 34.5.4° of the Constitution.]
F4[(2) Where a person’s conviction of an offence on indictment is quashed on appeal by the Court of Appeal and the Court makes no order for the re-trial of the person in respect of the offence, the Director, if he or she is the prosecuting authority in the trial, or the Attorney General, as may be appropriate, may, subject to subsection (3) and section 24, appeal the decision of the Court of Appeal not to order a re-trial of the offence concerned on a question of law to the Supreme Court under Article 34.5.3° of the Constitution.]
(3) F4[An appeal referred to in this section] shall lie only where— F4[(a) a ruling was made by a court—
(i) during the course of a trial referred to in subsection (1), or
(ii) during the hearing of an appeal referred to in subsection (2), which erroneously excluded compelling evidence, or,]
(b) a direction was given by a court during the course of a trial referred to in subsection (1), directing the jury in the trial to find the person not guilty where—
(i) the direction was wrong in law, and
(ii) the evidence adduced in the proceedings was evidence upon which a jury might reasonably be satisfied beyond a reasonable doubt of the person's guilt in respect of the offence concerned.
F4[(4) An appeal referred to in this section shall be made on notice to the person who is the subject of the appeal within 28 days or such longer period not exceeding 56 days as—
(a) in the case of an appeal referred to in subsection (1), the Court of Appeal or the Supreme Court, as the case may be, or
(b) in the case of an appeal referred to in subsection (2), the Supreme Court,
may, on application to it in that behalf, determine, from the day on which the person was acquitted or the conviction was quashed, as the case may be.]
(5) Where a person fails to appear before F4[the Supreme Court or the Court of Appeal, as the case may be,] in respect of the appeal, the Court, if it is satisfied that it is, in all the circumstances, in the interests of justice to do so, may proceed to hear and determine the appeal in the absence of the person concerned.
(6) F4[For the purposes of considering an appeal referred to in this section the Supreme Court or the Court of Appeal, as the case may be,] shall hear argument—
(a) by, or by counsel on behalf of, the Director, or as the case may be, the Attorney General,
(b) by the person who is the subject of the appeal or by counsel on his or her behalf, and
(c) if counsel are assigned under subsection (7), by such counsel.
(7) F4[The Supreme Court or the Court of Appeal, as the case may be, shall assign counsel to argue in support of the acquittal referred to in subsection (1) or the decision not to order a re-trial referred to in subsection (2), as the case may be, if]—
(a) the person who is the subject of the appeal does not wish to be represented or heard under subsection (6)(b), or
(b) notwithstanding the fact that the person concerned exercises his or her right to be represented or heard under subsection (6)(b), the Court considers it desirable in the public interest to do so.
F4[(8) Where an appeal referred to in this section has been made to the Court of Appeal or the Supreme Court and a legal aid (appeal) certificate or, as the case may be, a legal aid (Supreme Court) certificate, is granted under subsection (9), or deemed to have been granted under subsection (10), in respect of the person who is the subject of the appeal, he or she shall be entitled to free legal aid in the preparation and conduct of any argument that he or she wishes to make to the Court of Appeal or the Supreme Court, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of the Act of 1962.]
F4[(9) The person may, in relation to an appeal referred to in this section, apply for a legal aid (appeal) certificate to the Court of Appeal or a legal aid (Supreme Court) certificate to the Supreme Court, as the case may be, either—
(a) by letter to the registrar of the Court of Appeal or, as the case may be, the registrar of the Supreme Court, setting out the facts of the case and the grounds of the application, or
(b) to the Court of Appeal, or the Supreme Court, itself, as the case may be,
and the Court concerned shall grant the certificate if (but only if) it appears to the Court that the means of the person are insufficient to enable him or her to obtain legal aid.]
(10) If a legal aid (trial on indictment) certificate was granted under the Act of 1962 in respect of the person concerned in relation to the earlier proceedings in respect of the offence concerned, F4[a legal aid (Supreme Court) certificate or a legal aid (appeal) certificate, as the case may be,] shall be deemed to have been granted in respect of him or her F4[in relation to an appeal referred to in this section].
(11) F4[On hearing an appeal referred to in subsection (1) the Court of Appeal may]—
(a) quash the acquittal F5[...] and order the person to be re-tried for the offence concerned if it is satisfied—
(i) that the requirements of F4[subsection (3)(a)(i) or (b)], as the case may be, are met, and
(ii) that, having regard to the matters referred to in subsection (12), it is, in all the circumstances, in the interests of justice to do so,
or
(b) if it is not so satisfied, affirm the acquittal F5[...].
F6[(11A) On hearing an appeal referred to in this section, the Supreme Court may—
(a) quash the acquittal or reverse the decision of the Court of Appeal, as the case may be, and order the person to be re-tried for the offence concerned if it is satisfied—
(i) that the requirements of subsection (3)(a) or (b), as the case may be, are met, and
(ii) that, having regard to the matters referred to in subsection (12), it is, in all the circumstances, in the interests of justice to do so,
or
(b) if it is not so satisfied, affirm the acquittal or the decision of the Court of Appeal, as the case may be.]
(12) F4[In determining whether to make an order under paragraph (a) of subsection
(11) or (11A), the Court of Appeal or the Supreme Court, as the case may be,] shall have regard to—
(a) whether or not it is likely that any re-trial could be conducted fairly,
(b) the amount of time that has passed since the act or omission that gave rise to the indictment,
(c) the interest of any victim of the offence concerned, and
(d) any other matter which it considers relevant to the appeal.
(13) (a) F4[The Court of Appeal or the Supreme Court, as the case may be,] may make an order for a re-trial under this section subject to such conditions and directions as it considers necessary or expedient (including conditions and directions in relation to the staying of the re-trial) to ensure the fairness of the re-trial.
(b) Subject to paragraph (a), where F4[the Court of Appeal or the Supreme Court, as the case may be,] makes an order for a re-trial under this section, the re- trial shall take place as soon as practicable.
(14) In this section “compelling evidence”, in relation to a person, means evidence which—
(a) is reliable,
(b) is of significant probative value, and
(c) is such that when taken together with all the other evidence adduced in the proceedings concerned, a jury might reasonably be satisfied beyond a reasonable doubt of the person's guilt in respect of the offence concerned.
Part 4 Appeals and Matters Relating to Appeals
Chapter 1 With prejudice prosecution appeals
Article 24
No appeal shall lie under section 23 from an acquittal following a re-trial ordered under subsection (1) or (2) of section 10.
Part 4 Appeals and Matters Relating to Appeals
Chapter 1 With prejudice prosecution appeals
Article 25
(1) Subject to this section, a proceeding under section 23 shall be conducted in open court.
(2) Where F7[the Court of Appeal or the Supreme Court, as the case may be,] is conducting a proceeding under section 23 and is satisfied that it is in the interests of justice to do so, it may exclude from the court during the proceeding—
(a) the public or any portion of the public, or
(b) any particular person or persons,
other than bona fide representatives of the Press.
(3) F7[The Court of Appeal or the Supreme Court, as the case may be,] may, if it considers that it is in the interests of justice to do so, make an order prohibiting the publication or broadcast of—
(a) any evidence given or referred to during the proceeding, or
(b) any matter identifying or having the effect of identifying any person who is the subject of an appeal under section 23, or any other person connected with the re-trial for which an order is sought.
(4) An order under subsection (3) ceases to have effect (unless it specifies an earlier date)—
(a) when there is no longer any step that could be taken which would lead to the person concerned being re-tried pursuant to an order under section 23, or
(b) where the person concerned is re-tried pursuant to an order under section 23, at the conclusion of the trial.
(5) (a) If any matter is published or broadcast in contravention of subsection (3), the following persons, namely—
(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,
(ii) in the case of any other publication, the person who publishes it, and
(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,
shall be guilty of an offence.
(b) A person guilty of an offence under paragraph (a) shall be liable—
(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months or to both, or
(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or to both.
(c) Where an offence under paragraph (a) is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributable to, any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(d) Where the affairs of a body corporate are managed by its members, paragraph (c) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
(6) Nothing in this section shall affect the operation of any other enactment that imposes restrictions on the extent to which information relating to court proceedings may be published or broadcast.
Part 4 Appeals and Matters Relating to Appeals
Chapter 1 With prejudice prosecution appeals
Article 26
(1) Where a person is ordered under section 23 to be re-tried for an offence he or she may, notwithstanding any rule of law, be again indicted and tried and, if found guilty, sentenced for that offence.
(2) In a case to which subsection (1) relates, F8[the Court of Appeal or the Supreme Court, as the case may be,] may—
(a) order that the person concerned be detained in custody or admitted to bail pending the re-trial on such terms as that Court thinks proper,
(b) where the person does not appear before the Court for the hearing and determination of the appeal, issue a warrant for his or her arrest.
(3) F8[A legal aid (appeal) certificate or a legal aid (Supreme Court) certificate] which was granted in relation to the proceedings under section 23, or in the case of a person who waived his or her right to be represented in respect of those proceedings and a legal aid (trial on indictment) certificate was granted to him or her in respect of the original proceedings, the legal aid (trial on indictment) certificate, shall have effect as if it had been granted also in relation to a re-trial ordered under section 23.
Part 4 Appeals and Matters Relating to Appeals
Chapter 1 With prejudice prosecution appeals
Article 28
Nothing in this Chapter shall affect any right of appeal or review provided by this Act or any other enactment or rule of law.
6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.
1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a) The Prosecutor may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact, or
(iii) Error of law;
(b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:
(i) Procedural error,
(ii) Error of fact,
(iii) Error of law, or
(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
2.
(a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
(b) If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3.
(a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
(c) In case of an acquittal, the accused shall be released immediately, subject to the following:
(i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;
(ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.
1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:
(a) A decision with respect to jurisdiction or admissibility;
(b) A decision granting or denying release of the person being investigated or prosecuted;
(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.
3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.
4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.