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Criminal Justice Bill


Criminal Justice Bill
Part 7 — Trials on indictment without a jury

    29

 

           (b)           would be likely to place an excessive burden upon the life of a typical

juror.

     (5)    The second condition is that that complexity or length (or both) will be

attributable—

           (a)           to the fact that the issues likely to be material to the verdict of a jury

5

hearing the trial relate to arrangements, transactions or records of a

financial or commercial nature or which relate to property, and

           (b)           to the likely nature or volume of the evidence relating to those issues.

     (6)    In deciding whether or not he is satisfied that both of those two conditions are

fulfilled, the judge must have regard to any steps which might reasonably be

10

taken to reduce the complexity or length of the trial.

     (7)    But a step is not to be regarded as reasonable if it would significantly

disadvantage the prosecution.

 43    Application by prosecution for trial to be conducted without jury where

danger of jury tampering

15

     (1)    This section applies where one or more defendants are to be tried on

indictment for one or more offences.

     (2)    The prosecution may apply to a judge of the Crown Court for the trial to be

conducted without a jury.

     (3)    If an application under subsection (2) is made and the judge is satisfied that—

20

           (a)           the first condition set out below is fulfilled, and

           (b)           either or both of the second and third conditions set out below are

fulfilled,

            he must make an order that the trial is to be conducted without a jury; but if he

is not so satisfied he must refuse the application.

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     (4)    The first condition is that there is real and present danger that jury tampering

would take place.

     (5)    The second condition is that—

           (a)           the danger is such that it would be necessary to provide police

protection for the members of a jury hearing the trial, and

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           (b)           the level and duration of that protection would be likely to place an

excessive burden upon the life of a typical juror.

     (6)    The third condition is that, notwithstanding any steps (including the provision

of police protection) which might reasonably be taken to prevent jury

tampering, the likelihood that it would take place would be sufficiently high to

35

make it necessary in the interests of justice for the trial to be conducted without

a jury.

 44    Procedure for applications under sections 41 to 43

     (1)    This section applies—

           (a)           to an application under section 41 which appears to the judge to raise

40

questions as to whether subsection (6), (7) or (8) of that section applies,

           (b)           to an application under section 42, and

           (c)           to an application under section 43.

 

 

Criminal Justice Bill
Part 7 — Trials on indictment without a jury

    30

 

     (2)    An application to which this section applies must be determined at a

preparatory hearing (within the meaning of the 1987 Act or Part 3 of the 1996

Act).

     (3)    The parties to a preparatory hearing at which an application to which this

section applies is to be determined must be given an opportunity to make

5

representations with respect to the application.

     (4)    In section 7(1) of the 1987 Act (which sets out the purposes of preparatory

hearings) for paragraphs (a) to (c) there is substituted—

                  “(a)                    identifying issues which are likely to be material to the

determinations and findings which are likely to be required

10

during the trial,

                  (b)                    if there is to be a jury, assisting their comprehension of those

issues and expediting the proceedings before them,

                  (c)                    determining an application to which section 44 of the Criminal

Justice Act 2003 applies,”.

15

     (5)    In section 9(11) of that Act (appeal to Court of Appeal) after “above,” there is

inserted “from the refusal by a judge of an application to which section 44 of

the Criminal Justice Act 2003 applies or from an order of a judge under section

41, 42 or 43 of that Act which is made on the determination of such an

application,”.

20

     (6)    In section 29 of the 1996 Act (power to order preparatory hearing) after

subsection (1) there is inserted—

           “(1A)              A judge of the Crown Court may also order that a preparatory hearing

shall be held if an application to which section 44 of the Criminal Justice

Act 2003 applies (application for trial without jury) is made.”

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     (7)    In subsection (2) of that section (which sets out the purposes of preparatory

hearings) for paragraphs (a) to (c) there is substituted—

                  “(a)                    identifying issues which are likely to be material to the

determinations and findings which are likely to be required

during the trial,

30

                  (b)                    if there is to be a jury, assisting their comprehension of those

issues and expediting the proceedings before them,

                  (c)                    determining an application to which section 44 of the Criminal

Justice Act 2003 applies,”.

     (8)    In subsections (3) and (4) of that section for “subsection (1)” there is substituted

35

“this section”.

     (9)    In section 35(1) of that Act (appeal to Court of Appeal) after “31(3),” there is

inserted “from the refusal by a judge of an application to which section 44 of

the Criminal Justice Act 2003 applies or from an order of a judge under section

41, 42 or 43 of that Act which is made on the determination of such an

40

application,”.

     (10)   In this section—

                    “the 1987 Act” means the Criminal Justice Act 1987 (c. 38),

                    “the 1996 Act” means the Criminal Procedure and Investigations Act 1996

(c. 25).

45

 

 

Criminal Justice Bill
Part 7 — Trials on indictment without a jury

    31

 

 45    Discharge of jury because of jury tampering

     (1)    This section applies where—

           (a)           a judge is minded during a trial on indictment to discharge the jury,

and

           (b)           he is so minded because (or partly because) jury tampering appears to

5

have taken place.

     (2)    Before taking any steps to discharge the jury, the judge must—

           (a)           inform the parties that he is minded to discharge the jury,

           (b)           inform the parties of the grounds on which he is so minded, and

           (c)           allow the parties an opportunity to make representations.

10

     (3)    Where the judge, after considering any such representations, discharges the

jury, he must make an order that the trial is to continue without a jury (but this

is subject to subsection (4)).

     (4)    If the judge considers that it is necessary in the interests of justice for the trial

to be terminated, he must terminate the trial.

15

     (5)    Where the judge terminates the trial under subsection (4), he may make an

order that any new trial which is to take place must be conducted without a

jury if he is satisfied in respect of the new trial that—

           (a)           the first condition set out in section 43 is likely to be fulfilled, and

           (b)           either or both of the second and third conditions set out in that section

20

are likely to be fulfilled.

     (6)    Subsection (5) is without prejudice to any other power that the judge may have

on terminating the trial.

     (7)    Subject to subsection (5), nothing in this section affects the application of

section 41, 42 or 43 in relation to any new trial which takes place following the

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termination of the trial.

 46    Appeals

     (1)    An appeal shall lie to the Court of Appeal from an order under section 45(3) or

(5).

     (2)    Such an appeal may be brought only with the leave of the judge or the Court

30

of Appeal.

     (3)    An order from which an appeal under this section lies is not to take effect—

           (a)           before the expiration of the period for bringing an appeal under this

section, or

           (b)           if such an appeal is brought, before the appeal is finally disposed of or

35

abandoned.

     (4)    On the termination of the hearing of an appeal under this section, the Court of

Appeal may confirm or revoke the order.

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

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

40

its civil and criminal divisions)—

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

exercised by the criminal division of that court, and

 

 

Criminal Justice Bill
Part 7 — Trials on indictment without a jury

    32

 

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

references to that division.

     (6)    In section 33(1) of the Criminal Appeal Act 1968 (c. 19) (right of appeal to

House of Lords) after “1996” there is inserted “or section 46 of the Criminal

Justice Act 2003”.

5

     (7)    In section 36 of that Act (bail on appeal by defendant) after “hearings)” there is

inserted “or section 46 of the Criminal Justice Act 2003”.

 47    Further provision about trials without a jury

     (1)    The effect of an order under section 41, 42, 43 or 45(5) is that the trial to which

the order relates is to be conducted without a jury.

10

     (2)    The effect of an order under section 45(3) is that the trial to which the order

relates is to be continued without a jury.

     (3)    Where a trial is conducted or continued without a jury, the court is to have all

the powers, authorities and jurisdiction which the court would have had if the

trial had been conducted or continued with a jury (including power to

15

determine any question and to make any finding which would be required to

be determined or made by a jury).

     (4)    Except where the context otherwise requires, any reference in an enactment to

a jury, the verdict of a jury or the finding of a jury is to be read, in relation to a

trial conducted or continued without a jury, as a reference to the court, the

20

verdict of the court or the finding of the court.

     (5)    Where a trial is conducted or continued without a jury and the court convicts

a defendant—

           (a)           the court must give a judgment which states the reasons for the

conviction at, or as soon as reasonably practicable after, the time of the

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conviction, and

           (b)           the reference in section 18(2) of the Criminal Appeal Act 1968 (notice of

appeal or of application for leave to appeal to be given within 28 days

from date of conviction etc) to the date of the conviction is to be read as

a reference to the date of the judgment mentioned in paragraph (a).

30

 48    Rules of court

     (1)    Rules of court may make such provision as appears to the authority making

them to be necessary or expedient for the purposes of this Part.

     (2)    Without limiting subsection (1), rules of court may in particular make

provision for time limits within which applications under this Part must be

35

made or within which other things in connection with this Part must be done.

     (3)    Nothing in this section is to be taken as affecting the generality of any

enactment conferring powers to make rules of court.

 49    Application of Part 7 to Northern Ireland

     (1)    In its application to Northern Ireland this Part is to have effect—

40

           (a)           subject to subsection (2), and

           (b)           subject to the modifications in subsections (3) to (14).

 

 

Criminal Justice Bill
Part 7 — Trials on indictment without a jury

    33

 

     (2)    This Part does not apply in relation to a trial to which section 75 of the

Terrorism Act 2000 (c. 11) (trial without jury for certain offences) applies.

     (3)    For section 44 substitute—

       “44 Procedure for applications under sections 41 to 43

           (1)           This section applies—

5

                  (a)                 to an application under section 41 which appears to the judge to

raise questions as to whether subsection (6), (7) or (8) of that

section applies,

                  (b)                 to an application under section 42, and

                  (c)                 to an application under section 43.

10

           (2)           An application to which this section applies must be determined—

                  (a)                 at a preparatory hearing (within the meaning of the 1988

Order), or

                  (b)                 at a hearing specified in, or for which provision is made by,

Crown Court rules.

15

           (3)           The parties to a hearing mentioned in subsection (2) at which an

application to which this section applies is to be determined must be

given an opportunity to make representations with respect to the

application.

           (4)           In Article 6(1) of the 1988 Order (which sets out the purposes of

20

preparatory hearings) for sub-paragraphs (a) to (c) there is

substituted—

                  “(a)                    identifying issues which are likely to be material to the

determinations and findings which are likely to be required

during the trial;

25

                  (b)                    if there is to be a jury, assisting their comprehension of those

issues and expediting the proceedings before them;

                  (c)                    determining an application to which section 44 of the Criminal

Justice Act 2003 applies; or”.

           (5)           In Article 8(11) of the 1988 Order (appeal to Court of Appeal) after “(3),”

30

there is inserted “from the refusal by a judge of an application to which

section 44 of the Criminal Justice Act 2003 applies or from an order of a

judge under section 41, 42 or 43 of that Act which is made on the

determination of such an application,”.

           (6)           In this section “the 1988 Order” means the Criminal Justice (Serious

35

Fraud) (Northern Ireland) Order 1988.”

     (4)    For section 46(1) substitute—

           “(1)              An appeal shall lie to the Court of Appeal—

                  (a)                 from the refusal by a judge at a hearing mentioned in section

44(2)(b) of an application to which section 44 applies or from an

40

order of a judge at such a hearing under section 41, 42 or 43

which is made on the determination of such an application,

                  (b)                 from an order under section 45(3) or (5).”

     (5)    In section 46(3) after “order” insert “or a refusal of an application”.

 

 

Criminal Justice Bill
Part 7 — Trials on indictment without a jury

    34

 

     (6)    In section 46(4) for “confirm or revoke the order” substitute—

                  “(a)                    where the appeal is from an order, confirm or revoke the order,

or

                  (b)                    where the appeal is from a refusal of an application, confirm the

refusal or make the order which is the subject of the

5

application”.

     (7)    Omit section 46(5).

     (8)    For section 46(6) substitute—

           “(6)              In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980

(c. 47) (right of appeal to House of Lords) after “1988” there is inserted

10

“or section 46 of the Criminal Justice Act 2003”.

     (9)    For section 46(7) substitute—

           “(7)              In section 35 of that Act (bail) after “hearings)” there is inserted “or

section 46 of the Criminal Justice Act 2003”.”

     (10)   In section 47(4) after “enactment” insert “(including any provision of Northern

15

Ireland legislation)”.

     (11)   For section 47(5)(b) substitute—

                  “(b)                    the reference in section 16(1) of the Criminal Appeal (Northern

Ireland) Act 1980 (notice of appeal or application for leave) to

the date of the conviction is to be read as a reference to the date

20

of the judgment mentioned in paragraph (a).”

     (12)   After section 47 insert—

       “47A Reporting restrictions

           (1)           Sections 41 and 42 of the Criminal Procedure and Investigations Act

1996 (c. 25) are to apply in relation to—

25

                  (a)                 a hearing of the kind mentioned in section 44(2)(b), and

                  (b)                 any appeal or application for leave to appeal relating to such a

hearing,

                         as they apply in relation to a ruling under section 40 of that Act, but

subject to the following modifications.

30

           (2)           Section 41(2) of that Act is to have effect as if for paragraphs (a) to (d)

there were substituted—

                  “(a)                    a hearing of the kind mentioned in section 44(2)(b) of the

Criminal Justice Act 2003;

                  (b)                    any appeal or application for leave to appeal relating to such a

35

hearing.”

           (3)           Section 41(3) of that Act is to have effect as if—

                  (a)                 for “(2)” there were substituted “(2)(a) or an application to that

judge for leave to appeal to the Court of Appeal”, and

                  (b)                 after “matter” in the second place where it occurs there were

40

inserted “or application”.

           (4)           Section 41 of that Act is to have effect as if after subsection (3) there

were inserted—

                  “(3A)                    The Court of Appeal may order that subsection (1) shall not

 

 

Criminal Justice Bill
Part 8 — Live links

    35

 

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

                        (a)                        an appeal to that Court, or

                        (b)                        an application to that Court for leave to appeal.

                  (3B)                    The House of Lords may order that subsection (1) shall not

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

5

                        (a)                        an appeal to that House, or

                        (b)                        an application to that House for leave to appeal.”

           (5)           Section 41(4) of that Act is to have effect as if for “(3) the judge” there

were substituted “(3), (3A) or (3B), the judge, the Court of Appeal or the

House of Lords”.

10

           (6)           Section 41(5) of that Act is to have effect as if for “(3) the judge” there

were substituted “(3), (3A) or (3B), the judge, the Court of Appeal or the

House of Lords”.”

     (13)   For section 48(2) substitute—

           “(2)              Without limiting subsection (1), rules of court may in particular make

15

provision—

                  (a)                 for time limits within which applications under this Part must

be made or within which other things in connection with this

Part must be done;

                  (b)                 in relation to hearings of the kind mentioned in section 44(2)(b)

20

and appeals under section 46.”

     (14)   In section 48(3)—

           (a)           after “section” insert “or section 44(2)(b)”, and

           (b)           after “enactment” insert “(including any provision of Northern Ireland

legislation)”.

25

Part 8

Live links

 50    Live links in criminal proceedings

     (1)    A witness (other than the defendant) may, if the court so directs, give evidence

through a live link in the following criminal proceedings.

30

     (2)    They are—

           (a)           a summary trial,

           (b)           an appeal to the Crown Court arising out of such a trial,

           (c)           a trial on indictment,

           (d)           an appeal to the criminal division of the Court of Appeal,

35

           (e)           the hearing of a reference under section 9 or 11 of the Criminal Appeal

Act 1995 (c. 35),

           (f)           a hearing before a magistrates’ court or the Crown Court which is held

after the defendant has entered a plea of guilty, and

           (g)           a hearing before the Court of Appeal under section 74 of this Act.

40

     (3)    A direction may be given under this section—

           (a)           on an application by a party to the proceedings, or

           (b)           of the court’s own motion.

 

 

 
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