2 Prevention of Crime {Ireland).
[45 Vict.]
A.D.
1882.
(2.)
A Special Commission court shall consist of three judges of
the Supreme Court of Judicature in Ireland (other than the Lord Chancellor), to be named in such commission, and they shall try, according to the tenor of a warrant under this Act, all persons named in the warrant who may be brought before them for trial.
5 (3.)
The evidence taken on a trial before a Special Commission court shall be taken down by a shorthand writer, who shall be sworn to take the same accurately to the best of his ability.
(4.)
A person tried by a Special Commission court shall be acquitted unless the whole court concur in his conviction.
10 (5.)
The Lord Lieutenant shall from time to time provide for the payment of the reasonable expenses of witnesses required for the defence of a person brought for trial before a Special Commis¬ sion court.
Appeal from 2.
(I.)
Any person convicted by a Special Commission court 15 mission court under this Act may, subject to the provisions of this Act, appeal to Court of either against the conviction and sentence of the court, or against Appeal.
the sentence alone, to the Court of Criminal Appeal herein-after
mentioned, on any ground, whether of law or of fact; and the Court of Criminal Appeal shall (subject to the provisions of this Act) have 20 power after hearing the appeal to confirm the conviction and sentence, or to enter an acquittal, or to vary the conviction or sentence.
Provided that— {a.)
The conviction shall not be varied save by substituting a 25 conviction for some less offence, for which the Special Com¬ mission court had jurisdiction on the trial to convict the appellant; and {b.)
The sentence shall not be increased.
(2.)
The conviction and sentence as confirmed or varied by the 30 Court of Criminal Appeal shall have effect as if it were the con¬ viction and sentence of the Special Commission court, and shall be deemed to be the senteuce of a Special Commission court.
(3.)
If the appellant establishes want of jurisdiction in the Special Commission court, the Court of Criminal Appeal may 35 quash the proceedings.
(4.)
The Court of Criminal Appeal shall have for the purpose of any appeal all the powers and jurisdiction of the Special Com¬ mission court.
Constitution o /-i \ mi /-< > n •>,..,
of Court of o.
(1.)
lhe Court of Criminal Appeal under this Act shall 40 Ari°edal consist o£ tlle judges of the Supreme Court of Judicature in 40T41 Vict.
Irela3ld Oit]l the exception of the Lord Chancellor), and any of c 57.
