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Criminal Justice Bill


Criminal Justice Bill
Part 8 — Live links

    36

 

     (4)    But a direction may not be given under this section unless—

           (a)           the court is satisfied that it is in the interests of the efficient or effective

administration of justice for the person concerned to give evidence in

the proceedings through a live link,

           (b)           it has been notified by the Secretary of State that suitable facilities for

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receiving evidence through a live link are available in the area in which

it appears to the court that the proceedings will take place, and

           (c)           that notification has not been withdrawn.

     (5)    The withdrawal of such a notification is not to affect a direction given under

this section before that withdrawal.

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     (6)    In deciding whether to give a direction under this section the court must

consider all the circumstances of the case.

     (7)    Those circumstances include in particular—

           (a)           the availability of the witness,

           (b)           the need for the witness to attend in person,

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           (c)           the importance of the witness’s evidence to the proceedings,

           (d)           the views of the witness,

           (e)           the suitability of the facilities at the place where the witness would give

evidence through a live link,

           (f)           whether a direction might tend to inhibit any party to the proceedings

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from effectively testing the witness’s evidence.

     (8)    The court must state in open court its reasons for refusing an application for a

direction under this section and, if it is a magistrates’ court, must cause them

to be entered in the register of its proceedings.

 51    Effect of, and rescission of, direction

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     (1)    Subsection (2) applies where the court gives a direction under section 50 for a

person to give evidence through a live link in particular proceedings.

     (2)    The person concerned may not give evidence in those proceedings after the

direction is given otherwise than through a live link (but this is subject to the

following provisions of this section).

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     (3)    The court may rescind a direction under section 50 if it appears to the court to

be in the interests of justice to do so.

     (4)    Where it does so, the person concerned shall cease to be able to give evidence

in the proceedings through a live link, but this does not prevent the court from

giving a further direction under section 50 in relation to him.

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     (5)    A direction under section 50 may be rescinded under subsection (3)—

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

           (b)           of the court’s own motion.

     (6)    But an application may not be made under subsection (5)(a) unless there has

been a material change of circumstances since the direction was given.

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     (7)    The court must state in open court its reasons—

           (a)           for rescinding a direction under section 50, or

           (b)           for refusing an application to rescind such a direction,

 

 

Criminal Justice Bill
Part 8 — Live links

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            and, if it is a magistrates’ court, must cause them to be entered in the register

of its proceedings.

 52    Magistrates’ courts permitted to sit at other locations

     (1)    This section applies where—

           (a)           a magistrates’ court is minded to give a direction under section 50 for

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evidence to be given through a live link in proceedings before the court,

and

           (b)           suitable facilities for receiving such evidence are not available at any

petty-sessional court-house in which the court can (apart from

subsection (2)) lawfully sit.

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     (2)    The court may sit for the purposes of the whole or any part of the proceedings

at any place at which such facilities are available and which has been appointed

for the purposes of this section by the justices acting for the petty sessions area

for which the court acts.

     (3)    A place appointed under subsection (2) may be outside the petty sessions area

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for which it is appointed; but (if so) it shall be deemed to be in that area for the

purpose of the jurisdiction of the justices acting for that area.

 53    Warning to jury

     (1)    This section applies where, as a result of a direction under section 50, evidence

has been given through a live link in proceedings before the Crown Court.

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     (2)    The judge may give the jury (if there is one) such direction as he thinks

necessary to ensure that the jury gives the same weight to the evidence as if it

had been given by the witness in the courtroom or other place where the

proceedings are held.

 54    Rules of court

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     (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)    Rules of court may in particular make provision—

           (a)           as to the procedure to be followed in connection with applications

under section 50 or 51, and

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           (b)           as to the arrangements or safeguards to be put in place in connection

with the operation of live links.

     (3)    The provision which may be made by virtue of subsection (2)(a) includes

provision—

           (a)           for uncontested applications to be determined by the court without a

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hearing,

           (b)           for preventing the renewal of an unsuccessful application under section

50 unless there has been a material change of circumstances,

           (c)           for the manner in which confidential or sensitive information is to be

treated in connection with an application under section 50 or 51 and in

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particular as to its being disclosed to, or withheld from, a party to the

proceedings.

 

 

Criminal Justice Bill
Part 9 — Prosecution appeals

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

enactment conferring power to make rules of court.

 55    Interpretation of Part 8

     (1)    In this Part—

                    “legal representative” means an authorised advocate or authorised

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litigator (as defined by section 119(1) of the Courts and Legal Services

Act 1990 (c. 41)),

                    “petty-sessional court-house” has the same meaning as in the Magistrates’

Courts Act 1980 (c. 43),

                    “petty sessions area” has the same meaning as in the Justices of the Peace

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Act 1997 (c. 25),

                    “rules of court” means Magistrates’ Courts Rules, Crown Court Rules or

Criminal Appeal Rules,

                    “witness”, in relation to any criminal proceedings, means a person called,

or proposed to be called, to give evidence in the proceedings.

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     (2)    In this Part “live link” means a live television link or other arrangement by

which a witness, while at a place in the United Kingdom which is outside the

building where the proceedings are being held, is able to see and hear a person

at the place where the proceedings are being held and to be seen and heard by

the following persons.

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     (3)    They are—

           (a)           the defendant or defendants,

           (b)           the judge or justices (or both) and the jury (if there is one),

           (c)           legal representatives acting in the proceedings, and

           (d)           any interpreter or other person appointed by the court  to assist the

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witness.

     (4)    The extent (if any) to which a person is unable to see or hear by reason of any

impairment of eyesight or hearing is to be disregarded for the purposes of

subsection (2).

     (5)    Nothing in this Part is to be regarded as affecting any power of a court—

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           (a)           to make an order, give directions or give leave of any description in

relation to any witness (including the defendant or defendants), or

           (b)           to exclude evidence at its discretion (whether by preventing questions

being put or otherwise).

Part 9

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Prosecution appeals

 56    Meaning of “terminating ruling”

     (1)    In this Part “terminating ruling” means a ruling by a judge of the Crown Court,

in relation to a trial on indictment, which, if given effect to, will, without any

further action by the prosecution, result in the termination or stay of

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proceedings for the offence, or one or more of the offences, included in the

indictment.

 

 

Criminal Justice Bill
Part 9 — Prosecution appeals

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     (2)    A ruling may be regarded, for the purposes of subsection (1), as resulting in the

termination of proceedings for an offence notwithstanding the possibility of

there being fresh proceedings for that offence.

 57    Prosecution right of appeal against certain rulings

     (1)    The prosecution is to have a right of appeal under this Part in respect of a

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terminating ruling—

           (a)           which is made before the time when the jury is sworn,

           (b)           which is made after that time but before the conclusion of the

prosecution evidence, or

           (c)           which is a ruling that there is no case to answer.

10

     (2)    The right of appeal mentioned in subsection (1)—

           (a)           is subject to subsection (7), and

           (b)           may be exercised only in accordance with section 58.

     (3)    The prosecution is to have a right of appeal under this Part in respect of a ruling

of a judge of the Crown Court in relation to a trial on indictment which is not

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a terminating ruling but which is made—

           (a)           before the time when the jury is sworn, or

           (b)           after that time but before the conclusion of the prosecution evidence.

     (4)    The right of appeal mentioned in subsection (3)—

           (a)           is subject to subsection (7), and

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           (b)           may be exercised only in accordance with section 59.

     (5)    An appeal under this Part is to lie to the Court of Appeal.

     (6)    Such an appeal may be brought only with the leave of the judge who made the

ruling or the Court of Appeal.

     (7)    The prosecution is to have no right of appeal under this Part in respect of—

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           (a)           a ruling made as a result of a decision of a jury as to a defendant’s

fitness to plead,

           (b)           a ruling that a jury be discharged, or

           (c)           a ruling from which an appeal lies to the Court of Appeal by virtue of

any other enactment.

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     (8)    The references in subsections (1)(a) and (3)(a) to the time when the jury is

sworn are to be read, in the case of a trial conducted without a jury, as

references to the time when, if the trial were conducted with a jury, the jury

would be sworn.

     (9)    The reference in subsection (1)(c) to a ruling that there is no case to answer

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includes a reference to a ruling that a jury properly directed cannot properly

convict.

 58    Appeals against terminating rulings

     (1)    This section applies where a judge of the Crown Court makes a terminating

ruling in respect of which the prosecution has a right of appeal under this Part.

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     (2)    The ruling is to have no effect whilst the prosecution is able to take any steps

under subsection (3).

 

 

Criminal Justice Bill
Part 9 — Prosecution appeals

    40

 

     (3)    The prosecution may not appeal in respect of the ruling unless—

           (a)           following the making of the ruling, it—

                  (i)                 informs the court that it intends to appeal, or

                  (ii)                requests an adjournment to consider whether to appeal, and

           (b)           if it requests such an adjournment, it informs the court following the

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adjournment that it intends to appeal.

     (4)    If the prosecution requests an adjournment under subsection (3)(a)(ii), the

judge must grant such an adjournment.

     (5)    Where the ruling relates to two or more offences—

           (a)           any one or more of those offences may be the subject of the appeal, and

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           (b)           if the prosecution informs the court in accordance with subsection (3)

that it intends to appeal, it must at the same time inform the court of the

offence or offences which are the subject of the appeal.

     (6)    If the prosecution informs the court in accordance with subsection (3) that it

intends to appeal, the ruling is to continue to have no effect in relation to the

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offence or offences which are the subject of the appeal whilst the appeal is

pursued.

     (7)    If and to the extent that a ruling has no effect in accordance with this section—

           (a)           any consequences of the ruling are also to have no effect, and

           (b)           the judge may not take any steps in consequence of the ruling.

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 59    Appeals against certain other rulings

     (1)    This section applies where a judge of the Crown Court makes a ruling, other

than a terminating ruling, in respect of which the prosecution has a right of

appeal under this Part.

     (2)    The prosecution may not appeal in respect of the ruling unless—

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           (a)           following the making of the ruling, it—

                  (i)                 informs the court that it intends to appeal, or

                  (ii)                requests an adjournment to consider whether to appeal, and

           (b)           if it requests such an adjournment, it informs the court following the

adjournment that it intends to appeal.

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     (3)    If the prosecution requests an adjournment under subsection (2)(a)(ii), the

judge must grant such an adjournment.

     (4)    Where a ruling relates to two or more offences—

           (a)           any one or more of those offences may be the subject of the appeal, and

           (b)           if the prosecution informs the court in accordance with subsection (2)

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that it intends to appeal, it must at the same time inform the court of the

offence or offences which are the subject of the appeal.

     (5)    The prosecution may not inform the court in accordance with subsection (2)

that it intends to appeal unless, at or before that time, it informs the court that

it agrees that, in respect of the offence or each offence which is the subject of the

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appeal, the defendant in relation to the offence should be acquitted of the

offence if either of the conditions mentioned in subsection (6) is fulfilled.

     (6)    Those conditions are—

           (a)           that leave to appeal to the Court of Appeal is not obtained, and

 

 

Criminal Justice Bill
Part 9 — Prosecution appeals

    41

 

           (b)           that the appeal is abandoned before it is determined by the Court of

Appeal.

 60    Expedited and non-expedited appeals

     (1)    Where the prosecution informs the court in accordance with section 58(3) or

59(2) that it intends to appeal against a ruling, the judge must decide whether

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or not the appeal should be expedited.

     (2)    If the judge decides that the appeal should be expedited, he may order an

adjournment.

     (3)    If the judge decides that the appeal should not be expedited, he may—

           (a)           order an adjournment, or

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           (b)           discharge the jury (if one has been sworn).

     (4)    If he decides that the appeal should be expedited, he or the Court of Appeal

may subsequently reverse that decision and, if it is reversed, the judge may act

as mentioned in subsection (3)(a) or (b).

 61    Continuation of proceedings for offences not affected by ruling

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     (1)    This section applies where the prosecution informs the court in accordance

with section 58(3) or 59(2) that it intends to appeal against a ruling.

     (2)    Proceedings may be continued in respect of any offence which is not the subject

of the appeal.

 62    Determination of appeal by Court of Appeal

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     (1)    On an appeal under this Part, the Court of Appeal may confirm, reverse or vary

the ruling appealed against.

     (2)    Where the Court of Appeal confirms a ruling, it must, in respect of the offence

or each offence which is the subject of the appeal, order that the defendant in

relation to the offence be acquitted of the offence.

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     (3)    Where the Court of Appeal reverses or varies a ruling, it must, in respect of the

offence or each offence which is the subject of the appeal, do any of the

following—

           (a)           order that proceedings for the offence may be resumed in the Crown

Court,

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           (b)           order that fresh proceedings may be instituted in the Crown Court for

the offence,

           (c)           order that the defendant in relation to the offence be acquitted of the

offence.

     (4)    But the Court of Appeal may not make an order under subsection (3)(a) or (b)

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in respect of an offence unless it considers it necessary in the interests of justice

to do so.

     (5)    Subsections (2) to (4) are without prejudice to any other powers that the Court

of Appeal may have.

 

 

 
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