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Dáil Éireann debate -
Tuesday, 23 Jun 1998

Vol. 492 No. 7

Written Answers. - Court Appeals.

Ruairí Quinn

Question:

291 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the proportion of defendants sentenced to imprisonment by either the Circuit Court, the Central Criminal Court or the Special Criminal Court who appeal against their sentence; and the outcome of those appeals. [14768/98]

Ruairí Quinn

Question:

292 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the proportion of those convicted following a plea of not guilty in the Circuit Court or the Central Criminal Court who appeal against convictions; the outcome of those appeals; and the number of cases where appeals have been rejected by applying the statutory proviso to the effect that an appeal should be dismissed if, in all the circumstances, an injustice has not been done. [14769/98]

Ruairí Quinn

Question:

295 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the proportion of defendants found guilty by a jury who appeal against conviction; and the outcome of those appeals. [14772/98]

I propose to take Questions Nos. 291, 292 and 295 together.

Court statistics are not compiled in such a way as to show the proportions of convicted defendants who appealed their convictions or sentences. However, I can provide the Deputy with statistics on the numbers of appeals dealt with by the Court of Criminal Appeal for the years ending 31 July 1994 to 31 July 1997. They are as follows:

Court of Criminal Appeal
Return for the period 1 August 1993 to 31 July 1994
Appeals and Applications for Leave to Appeal

Brought forward from

Filed in

Total

1992/93

1993/94

(a) from the Special Criminal Court

20

16

36

(b) from the Central Criminal Court

30

23

53

(c) from the Dublin Circuit Court

58

51

109

(c) from other Circuit Courts

33

40

73

Total

141

130

271

Conviction and Sentence

Conviction only

Sentence only

Total

A. Appeals on Certificate under Section 31 of the Courts of Justice Act 1924

1

1

B. Applications for leave to appeal on refusal of above Certificate

19

25

85

129

C. Application to extend time for appealing

3

13

16

D. Applications to admit Appellant/Applicant to Bail

4

5

4

13

E. Other Interlocutory Applications

6

16

4

26

F. Applications for Certificate under Section 29 of the Courts of Justice Act 1924

1

2

3

Results

A. Appeals

1. Allowed

Conviction and Sentence

Conviction only

Sentence only

Total

A. Conviction and sentence quashed and

(i) appellant released

(ii) re-trial ordered

B. Conviction affirmed but sentence varied

2. Withdrawn

3. Dismissed

1

1

B. Applications for leave to appeal

1. Treated as the hearing of the appeal and

A. Conviction and sentence quashed and

(i) applicant released

3

3

6

(ii) re-trial ordered

4

2

6

(iii) conviction quashed and fine set aside

B. Order varied

1

18

19

2. Withdrawn

3

5

41

49

3. Refused

4

7

16

27

4. Struck out

2

2

C. Applications to extend time

Conviction and Sentence

Conviction only

Sentence only

Total

(a) Granted

3

9

12

(b) Refused

3

3

(c) Withdrawn

(d) Struck Out

1

1

D. Applications to admit to bail

(a) Granted

4

4

3

11

(b) Refused

1

1

2

E. Other Interlocutory Applications

(a) Granted

6

16

4

26

(b) Refused

F. Applications for Certificate under Section 29 of the Courts of Justice Act 1924

(a) Granted

1

1

2

(b) Refused

1

1

Court of Criminal Appeal
Return for the period 1 August 1994 to 31 July 1995
Appeals and Applications for Leave to Appeal

Brought forward from

Filed in

Total

1993/94

1994/95

(a) from the Special Criminal Court

24

7

31

(b) from the Central Criminal Court

31

15

46

(c) from the Dublin Circuit Court

71

45

116

(c) from other Circuit Courts

40

40

80

Total

166

107

273

Conviction and Sentence

Conviction only

Sentence only

Total

A. Appeals on Certificate under Section 31 of the Courts of Justice Act 1924

1

1

B. Applications for leave to appeal on refusal of above Certificate

12

18

76

106

C. Application to extend time for appealing

2

4

6

12

D. Applications to admit Appellant/Applicant to Bail

2

3

1

6

E. Other Interlocutory Applications

8

6

4

18

F. Applications for Certificate under Section 29 of the Courts of Justice Act 1924

7

7

Results

A. Appeals

1. Allowed

Conviction and Sentence

Conviction only

Sentence only

Total

A. Conviction and sentence quashed and

(i) appellant released

(ii) re-trial ordered

B. Conviction affirmed but sentence varied

2. Withdrawn

3. Dismissed

1

1

B. Application for leave to appeal

1. Treated as the hearing of the appeal and

A. Conviction and sentence quashed and

(i) applicant released

3

5

8

(ii) re-trial ordered

2

2

4

(iii) conviction quashed and fine set aside

B. Order varied

24

24

2. Withdrawn

2

29

31

3. Refused

9

20

24

53

4. Struck out

1

1

C. Applications to extend time

Conviction and Sentence

Conviction only

Sentence only

Total

(a) Granted

2

4

6

12

(b) Refused

(c) Withdrawn

D. Applications to admit to bail

(a) Granted

1

2

3

(b) Refused

1

1

2

(c) Withdrawn

1

1

E. Other Interlocutory Applications

(a) Granted

6

4

4

14

(b) Refused

2

2

(c) Struck Out

2

2

F. Applications for Certificate under Section 29 of the Courts of Justice Act 1924

(a) Granted

7

7

(b) Refused

7

Court of Criminal Appeal.
Return for the period 1 August 1996 to 31 July 1996
Appeals and applications for leave to appeal.

Brought forward from 1994/95

Filed in 1995/96

Total

(a) from the Special Criminal Court.

16

26

42

(b) from the Central Criminal Court.

31

31

62

(c) from the Dublin Circuit Court.

59

73

132

(d) from other Circuit Courts

42

60

102

Total

148

190

338

Conviction and Sentence

Conviction only

Sentence only

Total

A Appeals on Certificate under Section 31 of the Courts of Justice Act 1924

B Applications for leave to appeal on refusal of above Certificate

25

22

143

190

C Application to extend time for appealing

2

5

7

D Applications to admit Appellant/ Applicant to Bail

3

3

2

8

E Other Interlocutory Applications

2

5

2

9

F Applications for Certificate under Section 29 of the Courts of Justice Act 1924

2

1

3

Results
A. Appeals

1. Allowed

Conviction and Sentence

Conviction only

Sentence only

Total

A. Conviction and sentence quashed and

(i) appellant released

(ii) re-trial ordered

B. Conviction affirmed but sentence varied

2. Withdrawn

3. Dismissed

B. Applications for leave to appeal

1. Allowed

Conviction and Sentence

Conviction only

Sentence only

Total

1. Treated as the hearing of the appeal and

A. Conviction and Sentence quashed and

(i) applicant released

1

1

(ii) re-trial ordered

4

2

6

(iii) conviction quashed and fine set aside

B. Order varied

20

20

2. Withdrawn

4

3

48

55

3. Refused

10

12

25

57

4. Struck out

C. Applications to extend time

(a) Granted

2

5

7

(b) Refused

(c) Withdrawn

D. Applications to admit to bail

(a) Granted

3

3

2

8

(b) Refused

E. Other Interlocutory Applications

(a) Granted

2

4

2

8

(b) Refused

(c) Withdrawn

1

1

F. Applications for Certificate under Section 29 of

the Courts of Justice Act 1924

(a) Granted

1

1

(b) Refused

1

1

2

Court of Criminal Appeal.
Return for the period 1 August 1996 to 31 July 1997
Appeals and applications for leave to appeal.

Brought forward from 1995/96

Filed in 1996/97

Total

(a) from the Special Criminal Court.

14

14

(b) from the Central Criminal Court.

43

36

79

(c) from the Dublin Circuit Court.

74

63

137

(d) from other Circuit Courts

48

60

108

Total

179

159

338

Conviction and Sentence

Conviction only

Sentence only

Total

A Appeals on Certificate under Section 31 of the Courts of Justice Act 1924

1

1

B Applications for leave to appeal on refusal of above Certificate

18

21

119

158

C Application to extend time for appealing

1

5

6

D Applications to admit Appellant/Applicant to Bail

8

3

11

E Other Interlocutory Applications

6

7

4

17

F Applications for Certificate under Section 29 of the Courts of Justice Act 1924

2

1

3

Results
A. Appeals

1. Allowed

Conviction and Sentence

Conviction only

Sentence only

Total

A. Conviction and sentence quashed and

(i) appellant released

(ii) re-trial ordered

1

1

B. Conviction affirmed but sentence varied

2. Withdrawn

3. Dismissed

B. Applications for leave to appeal

1. Allowed

Conviction and Sentence

Conviction only

Sentence only

Total

1. Treated as the hearing of the appeal and

A. Conviction and Sentence quashed and

(i) applicant released

2

2

(ii) re-trial ordered

2

3

5

(iii) conviction quashed and fine set aside

B. Order varied

26

26

2. Withdrawn

2

5

49

56

3. Refused

10

4

22

36

4. Struck out

1

1

C. Applications to extend time

(a) Granted

1

5

6

(b) Refused

(c) Withdrawn

1

1

D. Applications to admit to bail

(a) Granted

6

3

9

(b) Refused

2

2

E. Other Interlocutory Applications

(a) Granted

6

6

4

16

(b) Refused

1

1

F. Applications for Certificate under Section 29 of the Courts of Justice Act 1924

(a) Granted

1

1

(b) Refused

2

2

Ruairí Quinn

Question:

293 Mr. Quinn asked the Minister for Justice, Equality and Law Reform whether it is proposed to enact legislation to give effect to the recommendations of the Committee on Court Practice and Procedure that those who appeal to the Court of Criminal Appeal against sentence only should not be in peril of having their sentence increased. [14770/98]

The matter the subject of the Deputy's question was raised by the Committee on Court Practice and Procedure in its 22nd Interim Report on Prosecution Appeals, 1993.

This is one of a number of aspects of the law relating to criminal appeals that are the subject of review by my Department. The question of making changes in that general area gives rise to complex issues and any legislative proposals which emerge from the review will be announced in the usual way.

Ruairí Quinn

Question:

294 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the number of appeals against leniency of sentence brought to the Court of Criminal Appeal by the DDP; and the outcome of these appeals. [14771/98]

The information sought by the Deputy is as follows:

Legal Year

No. of Appeals Filed

No. of Appeals Granted

No. of Appeals Refused

No. of Appeals Withdrawn

No. of Appeals awaiting a hearing 31/7/97

1993/1994

2

1994/1995

1

1

1

1995/1996

3

1

1996/1997

3

1

2

1

2

Ruairí Quinn

Question:

296 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the number of applications made to the Court of Criminal Appeal or the Supreme Court under the Criminal Procedure Act, 1993, to reconsider a conviction or sentence on the basis of new evidence; and the outcome in this regard. [14773/98]

The information sought by the Deputy is as follows:

Court of Criminal Appeal

Legal year

No. of Appeals filed

Conviction quashed

Conviction quashed and re-trial directed

Refused

Order varied

Case adjourned with liberty to re-enter

1993/1994

0

0

0

0

0

0

1994/1995

7

2

1

0

0

0

1995/1996

0

0

0

2

1

1

1996/1997

0

0

0

0

0

0

Only one case was appealed to the Supreme Court in 1996 and it was unsuccessful.
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