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

House of Lords

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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,
48(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 LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

116A*Line 48, at end insert—
"(   )  No order may be made under subsection (10) unless a draft of the order has been laid before and approved by both Houses of Parliament."
 

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."
 

Clause 57

 

THE BARONESS SCOTLAND OF ASTHAL

125Page 36, line 37, leave out "50 or"
126Page 36, line 37, at end insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
127Page 36, line 38, leave out "in relation to a ruling"
128Page 36, line 38, leave out "or Part 2 of the 1968 Act" and insert—
"(ba)  an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part,"
129Page 37, line 1, leave out from second "to" to end of line 2 and insert "an appeal mentioned in paragraph (b) or (ba)"
130Page 37, line 3, leave out "who made the ruling"
131Page 37, line 5, leave out "50 or"
132Page 37, line 5, after "51," insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
133Page 37, line 34, leave out "50 or"
134Page 37, line 34, at end insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"
135Page 37, line 35, leave out "in relation to a ruling"
136Page 37, line 35, leave out "or Part 2 of the 1968 Act" and insert—
"(ba)  an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part,"
137Page 37, line 37, leave out from second "to" to end of line 38 and insert "an appeal mentioned in paragraph (b) or (ba)"
 

After Clause 58

 

THE BARONESS SCOTLAND OF ASTHAL

138Insert the following new Clause—
  "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—
(a)  for time limits which are to apply in connection with any provisions of this Part,
(b)  as to procedures to be applied in connection with this Part,
(c)  enabling a single judge of the Court of Appeal to give leave to appeal under this Part or to exercise the power of the Court of Appeal under section 49(8).
(3)  Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court."
 

Clause 59

 

THE BARONESS SCOTLAND OF ASTHAL

139Page 39, line 24, at end insert—
 ""qualifying evidentiary ruling" is to be construed in accordance with section (Appeals in respect of evidentiary rulings)(2),
 "the relevant condition" is to be construed in accordance with section (Condition that evidentiary ruling significantly weakens prosecution case)(2) and (3)."
140Page 39, leave out line 26 and insert—
 ""ruling" includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement,"
141Page 39, line 27, at end insert—
"(1A)  Any reference in this Part (other than section (Rules of court)(2)(c)) to a judge is a reference to a judge of the Crown Court."
(1B)  There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either section 49(3) or (Appeals in respect of evidentiary rulings)(5)."
142Page 39, line 32, leave out subsection (3)
 

Clause 60

 

THE LORD LLOYD OF BERWICK

143Page 40, line 35, leave out subsection (6)
 

THE BARONESS KENNEDY OF THE SHAWS
THE LORD NEILL OF BLADEN

143ALeave out Clause 60
 

Before Schedule 4

 

THE BARONESS SCOTLAND OF ASTHAL

143BInsert the following new Schedule—
 

"SCHEDULE
QUALIFYING OFFENCES FOR PURPOSES OF SECTION
(APPEALS IN RESPECT OF EVIDENTIARY RULINGS)
PART 1
LIST OF OFFENCES
OFFENCES AGAINST THE PERSON

 

Murder

 1      Murder.
 

Attempted murder

 2      An offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit murder.
 

Soliciting murder

 3      An offence under section 4 of the Offences against the Person Act 1861 (c. 100).

 
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©Parliamentary copyright 2003
30 October 2003