Criminal Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 49

 

THE BARONESS SCOTLAND OF ASTHAL

76    1  Page 34, line 2, leave out from "judge" to end of line 3 and insert "makes a ruling in relation to a trial on indictment at an applicable time and the ruling relates to one or more offences included in the indictment.
4(1A)  The prosecution may appeal in respect of the ruling in accordance with this section."
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As amendments to amendment 76]

77Line 1, at end insert "other than a terminating ruling"
78Line 4, after "prosecution" insert "or defence"
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

79Page 34, line 6, after "prosecution" insert "or defence"
 

THE BARONESS SCOTLAND OF ASTHAL

80Page 34, line 10, leave out "it requests such an adjournment" and insert "such an adjournment is granted"
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA

81Page 34, line 12, after "prosecution" insert "or defence"
 

THE BARONESS SCOTLAND OF ASTHAL

82Page 34, line 13, leave out "must" and insert "may"
83Page 34, line 18, at end insert—
2"(5A)  Where—
(a)  the ruling is a ruling that there is no case to answer, and
(b)  the prosecution, at the same time that it informs the court in accordance with subsection (3) that it intends to appeal, nominates one or more other rulings which have been made by a judge in relation to the trial on indictment at an applicable time and which relate to the offence or offences which are the subject of the appeal,
  that other ruling, or those other rulings, are also to be treated as the subject of the appeal.
10  
(5B)  The prosecution may not inform the court in accordance with subsection (3) 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 that offence should be acquitted of that offence if either of the conditions mentioned in subsection (5C) is fulfilled.
(5C)  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."
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As an amendment to amendment 83]

84Leave out lines 2 to 10
 

THE BARONESS SCOTLAND OF ASTHAL

85Page 34, line 20, after "ruling" insert "mentioned in subsection (1)"
86Page 34, line 24, leave out "and"
87Page 34, line 25, at end insert ", and
(c)  if he does so, any such steps are also to have no effect."
88Page 34, line 25, at end insert—
"(8)  Where the prosecution has informed the court of its agreement under subsection (5B) and either of the conditions mentioned in subsection (5C) is fulfilled, the judge or the Court of Appeal must order that the defendant in relation to the offence or each offence concerned be acquitted of that offence.
(9)  In this section "applicable time", in relation to a trial on indictment, means any time (whether before or after the commencement of the trial) before the start of the judge's summing-up to the jury."
 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

89*Leave out Clause 49
 

Clause 50

 

THE BARONESS SCOTLAND OF ASTHAL

90Leave out Clause 50
 

THE LORD ACKNER

91Page 34, line 37, leave out "must" and insert "may"
 

Clause 51

 

THE BARONESS SCOTLAND OF ASTHAL

92Page 35, line 11, leave out "or 50(2)"
93Page 35, line 12, leave out "against a ruling"
 

Clause 52

 

THE BARONESS SCOTLAND OF ASTHAL

94Page 35, line 24, leave out "or 50(2)"
95Page 35, line 24, leave out "against a ruling"
 

Clause 53

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

96*Page 35, line 28, leave out subsection (1) and insert—
"(   )  On an appeal against terminating rulings under this Part, the Court of Appeal may reverse or vary the ruling appealed against where the ruling—
(a)  was wrong in law;
(b)  involved an error of law; or
(c)  was one which no reasonable judge could have reached;and in all other cases the Court must confirm the ruling.
(   )  On appeal against any other ruling under this Part, the Court of Appeal may confirm, reverse or vary the ruling appealed against."
 

THE BARONESS SCOTLAND OF ASTHAL

97Page 35, line 28, leave out "this Part" and insert "section 49"
98Page 35, leave out line 29 and insert "any ruling to which the appeal relates"
99Page 35, line 29, at end insert—
"(1A)  Subsections (2) to (4) apply where the appeal relates to a single ruling."
100Page 35, line 30, leave out "a" and insert "the"
101Page 35, line 32, leave out first "the" and insert "that"
102Page 35, line 32, leave out second "the" and insert "that"
103Page 35, line 33, leave out "a" and insert "the"
104Page 35, line 36, leave out first "the" and insert "that"
105Page 35, line 38, leave out "fresh proceedings may be instituted" and insert "a fresh trial may take place"
106Page 35, line 39, leave out "the" and insert "that"
107Page 35, line 40, leave out second "the" and insert "that"
108Page 35, line 40, leave out third "the" and insert "that"
109Page 36, line 3, at end insert—
"(4A)  Subsections (4B) and (4C) apply where the appeal relates to a ruling that there is no case to answer and one or more other rulings.
(4B)  Where the Court of Appeal confirms the ruling that there is no case to answer, it must, in respect of the offence or each offence which is the subject of the appeal, order that the defendant in relation to that offence be acquitted of that offence.
(4C)  Where the Court of Appeal reverses or varies the ruling that there is no case to answer, it must in respect of the offence or each offence which is the subject of the appeal, make any of the orders mentioned in subsection (3)(a) to (c) (but subject to subsection (4))."
110Page 36, line 4, leave out subsection (5)
 

After Clause 53

 

THE BARONESS SCOTLAND OF ASTHAL

111Insert the following new Clause—
  "Appeals in respect of evidentiary rulings
3(1)  The prosecution may, in accordance with this section and section (Condition that evidentiary ruling significantly weakens prosecution case), appeal in respect of—
(a)  a single qualifying evidentiary ruling, or
(b)  two or more qualifying evidentiary rulings.
(2)  A "qualifying evidentiary ruling" is an evidentiary ruling of a judge in relation to a trial on indictment which is made at any time (whether before or after the commencement of the trial) before the opening of the case for the defence.
12(3)  The prosecution may not appeal in respect of a single qualifying evidentiary ruling unless the ruling relates to one or more qualifying offences (whether or not it relates to any other offence).
15(4)  The prosecution may not appeal in respect of two or more qualifying evidentiary rulings unless each ruling relates to one or more qualifying offences (whether or not it relates to any other offence).
18(5)  If the prosecution intends to appeal under this section, it must before the opening of the case for the defence inform the court—
(a)  of its intention to do so, and
(b)  of the ruling or rulings to which the appeal relates.
(6)  In respect of the ruling, or each ruling, to which the appeal relates—
(a)  the qualifying offence, or at least one of the qualifying offences, to which the ruling relates must be the subject of the appeal, and
(b)  any other offence to which the ruling relates may, but need not, be the subject of the appeal.
27(7)  The prosecution must, at the same time that it informs the court in accordance with subsection (5), inform the court of the offence or offences which are the subject of the appeal.
(8)  For the purposes of this section, the case for the defence opens when, after the conclusion of the prosecution evidence, the earliest of the following events occurs—
(a)  evidence begins to be adduced by or on behalf of a defendant,
(b)  it is indicated to the court that no evidence will be adduced by or on behalf of a defendant,
(c)  a defendant's case is opened, as permitted by section 2 of the Criminal Procedure Act 1865 (c. 18).
(9)  In this section—
 "evidentiary ruling" means a ruling which relates to the admissibility or exclusion of any prosecution evidence,
 "qualifying offence" means an offence described in Part 1 of Schedule (Qualifying offences for the purposes of section (Appeals in respect of evidentiary rulings)).
(10)  The Secretary of State may by order amend that Part by doing any one or more of the following—
(a)  adding a description of offence,
(b)  removing a description of offence for the time being included,
(c)  modifying a description of offence for the time being included.
(11)  Nothing in this section affects the right of the prosecution to appeal in respect of an evidentiary ruling under section 49."
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As amendments to amendment 111]

112Line 3, after "prosecution" insert "or defence"
113Line 12, after "prosecution" insert "or defence"
114Line 15, after "prosecution" insert "or defence"
115Line 18, after "prosecution" insert "or defence"
116Line 27, after "prosecution" insert "or defence"
 

THE BARONESS SCOTLAND OF ASTHAL

117Insert the following new Clause—
  "Condition that evidentiary ruling significantly weakens prosecution case
(1)  Leave to appeal may not be given in relation to an appeal under section (Appeals in respect of evidentiary rulings) unless the judge or, as the case may be, the Court of Appeal is satisfied that the relevant condition is fulfilled.
8(2)  In relation to an appeal in respect of a single qualifying evidentiary ruling, the relevant condition is that the ruling significantly weakens the prosecution's case in relation to the offence or offences which are the subject of the appeal.
12(3)  In relation to an appeal in respect of two or more qualifying evidentiary rulings, the relevant condition is that the rulings taken together significantly weaken the prosecution's case in relation to the offence or offences which are the subject of the appeal."
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As amendments to amendment 117]

118Line 8, after "case" insert "or the defence case"
119Line 12, after "case" insert "or the defence case"
 

THE BARONESS SCOTLAND OF ASTHAL

120Insert the following new Clause—
  "Expedited and non-expedited appeals
3(1)  Where the prosecution informs the court in accordance with section (Appeals in respect of evidentiary rulings)(5), 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.
(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 as mentioned in subsection (3)(a) or (b)."
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As an amendment to amendment 120]

121Line 3, after "prosecution" insert "or defence"
 

THE BARONESS SCOTLAND OF ASTHAL

122Insert the following new Clause—
  "Continuation of proceedings for offences not affected by ruling
3(1)  This section applies where the prosecution informs the court in accordance with section (Appeals in respect of evidentiary rulings)(5).
(2)  Proceedings may be continued in respect of any offence which is not the subject of the appeal."
 

THE LORD KINGSLAND
THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
[As an amendment to amendment 122]

123Line 3, after "prosecution" insert "or defence"
 

THE BARONESS SCOTLAND OF ASTHAL

124Insert the following new Clause—
  "Determination of appeal by Court of Appeal
(1)  On an appeal under section (Appeals in respect of evidentiary rulings), the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.
(2)  In addition, the Court of Appeal 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 that offence be resumed in the Crown Court,
(b)  order that a fresh trial may take place in the Crown Court for that offence,
(c)  order that the defendant in relation to that offence be acquitted of that offence.
(3)  But no order may be made under subsection (2)(c) in respect of an offence unless the prosecution has indicated that it does not intend to continue with the prosecution of that offence."

 
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©Parliamentary copyright 2003
28 October 2003