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Criminal Justice Bill


Criminal Justice Bill
Part 8 — Prosecution appeals

    33

 

Part 8

Prosecution appeals

 47    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

5

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

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

indictment.

     (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

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there being fresh proceedings for that offence.

 48    Prosecution right of appeal against certain rulings

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

terminating ruling—

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

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           (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.

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

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

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           (b)           may be exercised only in accordance with section 49.

     (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

a terminating ruling but which is made—

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

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           (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

           (b)           may be exercised only in accordance with section 50.

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

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     (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—

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

fitness to plead,

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           (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.

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

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

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convict.

 

 

Criminal Justice Bill
Part 8 — Prosecution appeals

    34

 

 49    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.

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

under subsection (3).

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     (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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 50    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.

 

 

Criminal Justice Bill
Part 8 — Prosecution appeals

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     (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

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.

5

     (6)    Those conditions are—

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

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

Appeal.

 51    Expedited and non-expedited appeals

10

     (1)    Where the prosecution informs the court in accordance with section 49(3) or

50(2) that it intends to appeal against a ruling, the judge must decide whether

or not the appeal should be expedited.

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

adjournment.

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

           (a)           order an adjournment, or

           (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

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

 52    Continuation of proceedings for offences not affected by ruling

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

with section 49(3) or 50(2) that it intends to appeal against a ruling.

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

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of the appeal.

 53    Determination of appeal by Court of Appeal

     (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

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

relation to the offence be acquitted of the offence.

     (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—

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

Court,

           (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

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offence.

 

 

Criminal Justice Bill
Part 8 — Prosecution appeals

    36

 

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

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.

5

 54    Appeals to the House of Lords

     (1)    In section 33(1) of the 1968 Act (right of appeal to House of Lords) after “this

Act” there is inserted “or Part 8 of the Criminal Justice Act 2003”.

     (2)    In section 36 of the 1968 Act (bail on appeal by defendant) after “under” there

is inserted “Part 8 of the Criminal Justice Act 2003 or”.

10

     (3)    In this Part “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

 55    Costs

     (1)    The Prosecution of Offences Act 1985 (c. 23) is amended as follows.

     (2)    In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal

Justice Act 1987 may be met out of central funds) after “hearings)” there is

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inserted “or under Part 8 of the Criminal Justice Act 2003”.

     (3)    In section 18 (award of costs against accused) after subsection (2) there is

inserted—

           “(2A)              Where the Court of Appeal reverses or varies a ruling on an appeal

under Part 8 of the Criminal Justice Act 2003, it may make such order

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as to the costs to be paid by the accused, to such person as may be

named in the order, as it considers just and reasonable.”

     (4)    In subsection (6) after “subsection (2)” there is inserted “or (2A)”.

 56    Effect on time limits in relation to preliminary stages

     (1)    Section 22 of the Prosecution of Offences Act 1985 (power of Secretary of State

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to set time limits in relation to preliminary stages of criminal proceedings) is

amended as follows.

     (2)    After subsection (6A) there is inserted—

           “(6B)              Any period during which proceedings for an offence are adjourned

pending the determination of an appeal under Part 8 of the Criminal

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Justice Act 2003 shall be disregarded, so far as the offence is concerned,

for the purposes of the overall time limit and the custody time limit

which applies to the stage which the proceedings have reached when

they are adjourned.”

 57    Restrictions on reporting

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     (1)    Except as provided by this section no publication shall include a report of—

           (a)           anything done under section 49, 50 or 51,

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

or

 

 

Criminal Justice Bill
Part 8 — Prosecution appeals

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           (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,

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

           (a)           anything done under section 49, 50 or 51, or

5

           (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

apply to a specified extent, to a report of—

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

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           (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.

     (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—

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           (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.

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

under subsection (2), (3) or (4)—

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           (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

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

any such objection or representations.

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     (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

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

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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.

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

           (a)           anything done under section 49, 50 or 51,

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

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or

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

or Part 2 of the 1968 Act,

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

tried.

40

     (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,

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

defendants and witnesses,

45

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

defendant or defendants are charged,

 

 

Criminal Justice Bill
Part 8 — Prosecution appeals

    38

 

           (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,

           (f)           any arrangements as to bail,

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

5

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

addresses—

           (a)           at any relevant time, and

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           (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.

     (11)   In this section—

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

15

1990 (c. 42),

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

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

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

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indictment or other document prepared for use in particular legal

proceedings,

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

which the proceedings relate are alleged to have occurred,

                    “relevant programme” means a programme included in a programme

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service.

 58    Offences in connection with reporting

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

section 57.

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

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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

programme service in which the programme is included, and

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

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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

offence.

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

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           (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

liable to be proceeded against and punished accordingly.

 

 

Criminal Justice Bill
Part 8 — Prosecution appeals

    39

 

     (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

 59    Interpretation of Part 8

     (1)    In this Part—

                    “programme service” has the meaning given by section 57(11),

                    “publication” has the meaning given by section 57(11),

                    “relevant programme” has the meaning given by section 57(11),

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                    “terminating ruling” has the meaning given by section 47

                    “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

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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

 

 

 
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