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Criminal Justice Bill


Criminal Justice Bill
Part 9 — Prosecution appeals

    38

 

           (b)           an appeal in relation to a ruling under this Part or Part 2 of the 1968 Act,

or

           (c)           an application for leave to appeal in relation to the ruling under this

Part or Part 2 of the 1968 Act.

     (2)    The judge who made the ruling may order that subsection (1) is not to apply,

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or is not to apply to a specified extent, to a report of—

           (a)           anything done under section 52, 53 or 54, or

           (b)           an application to the judge for leave to appeal to the Court of Appeal

under this Part.

     (3)    The Court of Appeal may order that subsection (1) is not to apply, or is not to

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apply to a specified extent, to a report of—

           (a)           an appeal to the Court of Appeal under this Part,

           (b)           an application to that Court for leave to appeal to it under this Part, or

           (c)           an application to that Court for leave to appeal to the House of Lords

under Part 2 of the 1968 Act.

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     (4)    The House of Lords may order that subsection (1) is not to apply, or is not to

apply to a specified extent, to a report of—

           (a)           an appeal to that House under Part 2 of the 1968 Act, or

           (b)           an application to that House for leave to appeal to it under Part 2 of that

Act.

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     (5)    Where there is only one defendant and he objects to the making of an order

under subsection (2), (3) or (4)—

           (a)           the judge, the Court of Appeal or the House of Lords are to make the

order if (and only if) satisfied, after hearing the representations of the

defendant, that it is in the interests of justice to do so, and

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           (b)           the order (if made) is not to apply to the extent that a report deals with

any such objection or representations.

     (6)    Where there are two or more defendants and one or more of them object to the

making of an order under subsection (2), (3) or (4)—

           (a)           the judge, the Court of Appeal or the House of Lords are to make the

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order if (and only if) satisfied, after hearing the representations of each

of the defendants, that it is in the interests of justice to do so, and

           (b)           the order (if made) is not to apply to the extent that a report deals with

any such objection or representations.

     (7)    Subsection (1) does not apply to the inclusion in a publication of a report of—

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           (a)           anything done under section 52, 53 or 54,

           (b)           an appeal in relation to a ruling under this Part or Part 2 of the 1968 Act,

or

           (c)           an application for leave to appeal in relation to a ruling under this Part

or Part 2 of the 1968 Act,

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            at the conclusion of the trial of the defendant or the last of the defendants to be

tried.

     (8)    Subsection (1) does not apply to a report which contains only one or more of

the following matters—

           (a)           the identity of the court and the name of the judge,

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           (b)           the names, ages, home addresses and occupations of the defendant or

defendants and witnesses,

 

 

Criminal Justice Bill
Part 9 — Prosecution appeals

    39

 

           (c)           the offence or offences, or a summary of them, with which the

defendant or defendants are charged,

           (d)           the names of counsel and solicitors in the proceedings,

           (e)           where the proceedings are adjourned, the date and place to which they

are adjourned,

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           (f)           any arrangements as to bail,

           (g)           whether a right to representation funded by the Legal Services

Commission as part of the Criminal Defence Service was granted to the

defendant or any of the defendants.

     (9)    The addresses that may be included in a report by virtue of subsection (8) are

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addresses—

           (a)           at any relevant time, and

           (b)           at the time of their inclusion in the publication.

     (10)   Nothing in this section affects any prohibition or restriction by virtue of any

other enactment on the inclusion of any matter in a publication.

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     (11)   In this section—

                    “programme service” has the same meaning as in the Broadcasting Act

1990 (c. 42),

                    “publication” includes any speech, writing, relevant programme or other

communication in whatever form, which is addressed to the public at

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large or any section of the public (and for this purpose every relevant

programme is to be taken to be so addressed), but does not include an

indictment or other document prepared for use in particular legal

proceedings,

                    “relevant time” means a time when events giving rise to the charges to

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which the proceedings relate are alleged to have occurred,

                    “relevant programme” means a programme included in a programme

service.

 61    Offences in connection with reporting

     (1)    This section applies if a publication includes a report in contravention of

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section 60.

     (2)    Where the publication is a newspaper or periodical, any proprietor, editor or

publisher of the newspaper or periodical is guilty of an offence.

     (3)    Where the publication is a relevant programme—

           (a)           any body corporate or Scottish partnership engaged in providing the

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programme service in which the programme is included, and

           (b)           any person having functions in relation to the programme

corresponding to those of an editor of a newspaper,

            is guilty of an offence.

     (4)    In the case of any other publication, any person publishing it is guilty of an

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offence.

     (5)    If an offence under this section committed by a body corporate is proved—

           (a)           to have been committed with the consent or connivance of, or

           (b)           to be attributable to any neglect on the part of,

            an officer, the officer as well as the body corporate is guilty of the offence and

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liable to be proceeded against and punished accordingly.

 

 

Criminal Justice Bill
Part 9 — Prosecution appeals

    40

 

     (6)    In subsection (5), “officer” means a director, manager, secretary or other similar

officer of the body, or a person purporting to act in any such capacity.

     (7)    If the affairs of a body corporate are managed by its members, “director” in

subsection (6) means a member of that body.

     (8)    Where an offence under this section is committed by a Scottish partnership and

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is proved to have been committed with the consent or connivance of a partner,

he as well as the partnership shall be guilty of the offence and shall be liable to

be proceeded against and punished accordingly.

     (9)    A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

10

     (10)   Proceedings for an offence under this section may not be instituted—

           (a)           in England and Wales otherwise than by or with the consent of the

Attorney General, or

           (b)           in Northern Ireland otherwise than by or with the consent of—

                  (i)                 before the relevant date, the Attorney General for Northern

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Ireland, or

                  (ii)                on or after the relevant date, the Director of Public Prosecutions

for Northern Ireland.

     (11)   In subsection (10) “the relevant date” means the date on which section 22(1) of

the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.

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 62    Interpretation of Part 9

     (1)    In this Part—

                    “programme service” has the meaning given by section 60(11),

                    “publication” has the meaning given by section 60(11),

                    “relevant programme” has the meaning given by section 60(11),

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                    “terminating ruling” has the meaning given by section 50

                    “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

     (2)    Where a ruling relates to two or more offences but not all of those offences are

the subject of an appeal under this Part, nothing in this Part is to be regarded

as affecting the ruling so far as it relates to any offence which is not the subject

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of the appeal.

     (3)    In relation to an appeal under this Part in respect of a ruling which relates only

to one offence, any reference in this Part to the offence which is the subject of

the appeal is a reference to that offence.

     (4)    Where two or more defendants are charged jointly with the same offence, the

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provisions of this Part are to apply as if the offence, so far as relating to each

defendant, were a separate offence (so that, for example, any reference in this

Part to a ruling which relates to one or more offences includes a ruling which

relates to one or more of those separate offences).

     (5)    Subject to rules of court made under section 53(1) of the Supreme Court Act

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1981 (c. 54) (power by rules to distribute business of Court of Appeal between

its civil and criminal divisions)—

           (a)           the jurisdiction of the Court of Appeal under this Part is to be exercised

by the criminal division of that court, and

 

 

Criminal Justice Bill
Part 10 — Retrial for serious offences

    41

 

           (b)           references in this Part to the Court of Appeal are to be construed as

references to that division.

Part 10

Retrial for serious offences

Cases that may be retried

5

 63    Cases that may be retried

     (1)    This Part applies where a person has been acquitted of a qualifying offence in

proceedings in England and Wales—

           (a)           on indictment,

           (b)           on appeal against a conviction, verdict or finding on indictment, or

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           (c)           on appeal from a decision on such an appeal.

     (2)    A person acquitted of an offence in proceedings mentioned in subsection (1) is

treated for the purposes of that subsection as also acquitted of any qualifying

offence of which he could have been convicted in the proceedings because of

the first-mentioned offence being charged in the indictment, except an

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offence—

           (a)           of which he has been convicted,

           (b)           of which he has been found not guilty by reason of insanity, or

           (c)           in respect of which, in proceedings where he has been found to be

under a disability (as defined by section 4 of the Criminal Procedure

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(Insanity) Act 1964 (c. 84)), a finding has been made that he did the act

or made the omission charged against him.

     (3)    References in subsections (1) and (2) to a qualifying offence do not include

references to an offence which, at the time of the acquittal, was the subject of

an order under section 65(1) or (3).

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     (4)    This Part also applies where a person has been acquitted, in proceedings

elsewhere than in England and Wales or Scotland, of an offence under the law

of the place where the proceedings were held, if the commission of the offence

as alleged would have amounted to or included the commission in the United

Kingdom of a qualifying offence.

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     (5)    Conduct punishable under the law in force elsewhere than in England and

Wales or Scotland is an offence under that law for the purposes of subsection

(4), however it is described in that law.

     (6)    This Part applies whether the acquittal was before or after the passing of this

Act.

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     (7)    References in this Part to acquittal are to acquittal in circumstances within

subsection (1) or (4).

     (8)    In this Part “qualifying offence” means an offence listed in Schedule 4.

 

 

 
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