Section 96: Application of Part 10 to Northern Ireland

Criminal Justice Act 2003 · 2003 c. 44View on legislation.gov.uk

Part 10: Retrial for serious offences

In its application to Northern Ireland this Part is to have effect subject to the modifications in this section.

In sections 75(1)(a) and (b), 76(2)(a), 79(3) and 85(2)(a) for "England and Wales" substitute ." Northern Ireland "

For section 75(2)(c) substitute—

In section 75(8) for "Part 1" substitute ." Part 2 "

In section 81(1) for "Criminal Appeal Act 1968 (c. 19)" substitute ." Criminal Appeal (Northern Ireland) Act 1980 (c. 47) "

In section 81(2)—

for "33" substitute , and" 31 "
for "An" substitute ." Subject to the provisions of this Part of this Act, an "

In section 81(4)—

for "34(2)" substitute , and" 32(2) "
for "33(1B)" substitute ." 31(1B) "

In section 82(10) after "enactment" in each place insert ." (including any provision of Northern Ireland legislation) "

In section 84(1) and (2) for "preferred" substitute ." presented "

Section 84(6) has effect—

as if any reference to a provision of Part 11 were a reference to any corresponding provision contained in an Order in Council to which section 334(1) applies, at any time when such corresponding provision is in force;
at any other time, with the omission of paragraphs (b) and (c).

After section 84(6) insert—

In section 87—

in subsection (3), for "Part 4 of the 1984 Act" substitute ," Part 5 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) ("the 1989 Order") "
in paragraph (b) of that subsection, for "section 34(7) of that Act" substitute ," Article 35(8) of that Order "
in subsection (6)—
for the words from the beginning to "40(8) of that Act)" substitute ," Article 38 of that Order (including any provision of that Article as applied by Article 41(8) of that Order) "
for "subsection" in each place substitute "paragraph ,
in paragraph (e), for "subsections (7A), (7B) and (8)" substitute , and" paragraph (8) "
in paragraph (f), in the inserted paragraph (10A) omit "above",
for subsection (7) substitute—7Article 41 of that Order has effect as if in paragraphs (8) and (9) of that Article after "(6)" there were inserted "and (10A).,
in subsection (8)—
for "Section 42 of that Act" substitute , and" Article 43 of that Order "
for "subsection (1) of that section" substitute ." paragraph (1) of that Article "

For section 88(1) substitute—

In section 88(2)—

for paragraph (b) substitute—bdetained in a place of safety in pursuance of arrangements made under Article 39(6) of the 1989 Order,, and
for "section 46 of the 1984 Act" substitute ." Article 47 of the 1989 Order "

In section 89(6) for "section 81(5) of the Supreme Court Act 1981 (c. 54)" substitute ." section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23) "

For section 90(4) substitute—

In section 92(1) for the words from the beginning to "does" substitute ." Sections 30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c. 26) do "

Until the coming into force of section 36 of that Act of 2002 the reference to that section in subsection (17) is to be read as a reference to Article 4(8) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)).

In section 93(2) for "the Criminal Appeal Rules and the Crown Court Rules" substitute ." rules under section 55 of the Judicature (Northern Ireland) Act 1978 and Crown Court Rules "

In section 93(3) after "enactment" insert ." (including any provision of Northern Ireland legislation) "

In section 95(1) for the definition of "police force" substitute—

Omit section 95(2).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.