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(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, | 5 |
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 | 10 |
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. | 15 |
(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. | 20 |
(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 | 25 |
(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 | 30 |
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— | 35 |
(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, | 40 |
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, | 45 |
(b) the names, ages, home addresses and occupations of the defendant or | |
defendants and witnesses, | |
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(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, | 5 |
(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 | 10 |
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. | 15 |
(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 | 20 |
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 | 25 |
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 | 30 |
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 | 35 |
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 | 40 |
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 | 45 |
liable to be proceeded against and punished accordingly. | |
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(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 | 5 |
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 | 15 |
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. | 20 |
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), | 25 |
“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 | 30 |
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 | 35 |
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 | 40 |
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 | |
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(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 | 10 |
(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 | 15 |
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 | 20 |
(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). | 25 |
(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. | 30 |
(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. | 35 |
(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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