Offences Against the State Act 1939

Appeal to Court of Criminal Appeal.

44

44.—F33[(1) A person convicted by a Special Criminal Court of any offence or sentenced by a Special Criminal Court to suffer any punishment may appeal to the Court of Criminal Appeal from such conviction or sentence.]

(2) Sections 28 to 30 and sections 32 to 35 of the Courts of Justice Act, 1924 (No. 10 of 1924), and sections 5, 6, and 7 of the Courts of Justice Act, 1928 (No. 15 of 1928), shall apply and have effect in relation to appeals under this section in like manner as they apply and have effect in relation to appeals under section 31 of the Courts of Justice Act, 1924.

Annotations

Amendments:

F33

Substituted (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 32, S.I. No. 414 of 2010.

Modifications (not altering text):

C26

Application of subs. (2) continued (15.12.1995) by Courts and Court Officers Act 1995 (31/1995), s. 3(3), commenced on enactment.

Repeals

3.—(1) The enactments mentioned in column (2) of Part I of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

(2) Subject to subsection (3) of this section the enactments mentioned in column (2) of Part II of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.

(3) Section 44 (2) of the Offences Against the State Act, 1939, shall apply and have effect for the purposes of that subsection notwithstanding the repeal of sections 28 and 29 of the Courts of Justice Act, 1924 and section 12 of the Act of 1961.

C27

Application of subs. (2) continued (15.12.1995) by Courts and Court Officers Act 1995 (31/1995), s. 3(3).

Repeals

3.— ...

(3) Section 44(2) of the Offences Against the State Act, 1939, shall apply and have effect for the purposes of that subsection notwithstanding the repeal of sections 28 and 29 of the Courts of Justice Act, 1924 and section 12 of the Act of 1961.

C28

References to legislation in subs. (2) construed (29.12.1993) by Criminal Procedure Act 1993 (40/1993), s. 3(8), commenced on enactment.

Jurisdiction of Court of Criminal Appeal in relation to appeals.

3.— ...

(8) The references in section 44(2) of the Offences Against the State Act, 1939, to section 34 of the Criminal Justice Act, 1924, and section 5 of the Criminal Justice Act, 1928, shall be construed as references to this section.

Editorial Notes:

E32

Previous affecting provision: reference to legislation in subs. (2) construed (29.09.1961) by Courts (Supplemental Provisions) Act 1961 (39/1961), s. 12(3), S.I. No. 217 of 1961; s. 12 repealed (31.08.2014) by Court of Appeal Act 2014 (18/2014), s. 73 and sch. 1 item 5, S.I. No. 259 of 2018.