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Criminal Justice Bill


Criminal Justice Bill
Part 8 — Prosecution appeals

36

 

53      

Expedited and non-expedited appeals

(1)   

Where the prosecution informs the court in accordance with section 51(3) or

52(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

5

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

10

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

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

54      

Continuation of proceedings for offences not affected by ruling

(1)   

This section applies where the prosecution informs the court in accordance

with section 51(3) or 52(2) that it intends to appeal against a ruling.

15

(2)   

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

of the appeal.

55      

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.

20

(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.

(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

25

following—

(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,

30

(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)

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

to do so.

35

(5)   

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

of Appeal may have.

56      

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”.

40

 

 

Criminal Justice Bill
Part 8 — Prosecution appeals

37

 

(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”.

(3)   

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

57      

Costs

(1)   

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

5

(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

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—

10

“(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

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)”.

15

58      

Effect on time limits in relation to preliminary stages

(1)   

Section 22 of the Prosecution of Offences Act 1985 (c. 23) (power of Secretary of

State to set time limits in relation to preliminary stages of criminal

proceedings) is amended as follows.

(2)   

After subsection (6A) there is inserted—

20

“(6B)   

Any period during which proceedings for an offence are adjourned

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

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

25

they are adjourned.”

59      

Restrictions on reporting

(1)   

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

(a)   

anything done under section 51, 52 or 53,

(b)   

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

30

or

(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—

35

(a)   

anything done under section 51, 52 or 53, or

(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—

40

(a)   

an appeal to the Court of Appeal under this Part,

 

 

Criminal Justice Bill
Part 8 — Prosecution appeals

38

 

(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—

5

(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)—

10

(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.

15

(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

20

(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 51, 52 or 53,

(b)   

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

25

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.

30

(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,

35

(c)   

the offence or offences, or a summary of them, with which the

defendant or defendants are charged,

(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,

40

(f)   

any arrangements as to bail,

(g)   

whether a right to representation funded by the Legal Services

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

45

addresses—

(a)   

at any relevant time, and

(b)   

at the time of their inclusion in the publication.

 

 

Criminal Justice Bill
Part 8 — Prosecution appeals

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(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

1990 (c. 42),

5

   

“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

indictment or other document prepared for use in particular legal

10

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

service.

15

60      

Offences in connection with reporting

(1)   

This section applies if a publication includes a report in contravention of

section 59.

(2)   

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

publisher of the newspaper or periodical is guilty of an offence.

20

(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

corresponding to those of an editor of a newspaper,

25

   

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—

(a)   

to have been committed with the consent or connivance of, or

30

(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.

(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.

35

(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

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

40

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)   

Proceedings for an offence under this section may not be instituted—

 

 

Criminal Justice Bill
Part 8 — Prosecution appeals

40

 

(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

Ireland, or

5

(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.

61      

Rules of court

10

(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

15

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 51(8).

20

(3)   

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

enactment conferring powers to make rules of court.

62      

Interpretation of Part 8

(1)   

In this Part—

   

“programme service” has the meaning given by section 59(11),

25

   

“publication” has the meaning given by section 59(11),

   

“relevant programme” has the meaning given by section 59(11),

   

“terminating ruling” has the meaning given by section 49

   

“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

30

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

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

35

the appeal is a reference to that offence.

(4)   

Where two or more defendants are charged jointly with the same offence, the

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

40

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

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

its civil and criminal divisions)—

 

 

Criminal Justice Bill
Part 9 — Retrial for serious offences

41

 

(a)   

the jurisdiction of the Court of Appeal under this Part is to be exercised

by the criminal division of that court, and

(b)   

references in this Part to the Court of Appeal are to be construed as

references to that division.

Part 9

5

Retrial for serious offences

Cases that may be retried

63      

Cases that may be retried

(1)   

This Part applies where a person has been acquitted of a qualifying offence in

proceedings—

10

(a)   

on indictment in England and Wales,

(b)   

on appeal against a conviction, verdict or finding in proceedings on

indictment in England and Wales, or

(c)   

on appeal from a decision on such an appeal.

(2)   

A person acquitted of an offence in proceedings mentioned in subsection (1) is

15

treated for the purposes of that subsection as also acquitted of any qualifying

offence of which he could have been convicted in the proceedings because of

the first-mentioned offence being charged in the indictment, except an

offence—

(a)   

of which he has been convicted,

20

(b)   

of which he has been found not guilty by reason of insanity, or

(c)   

in respect of which, in proceedings where he has been found to be

under a disability (as defined by section 4 of the Criminal Procedure

(Insanity) Act 1964 (c. 84)), a finding has been made that he did the act

or made the omission charged against him.

25

(3)   

References in subsections (1) and (2) to a qualifying offence do not include

references to an offence which, at the time of the acquittal, was the subject of

an order under section 65(1) or (3).

(4)   

This Part also applies where a person has been acquitted, in proceedings

elsewhere than in the United Kingdom, of an offence under the law of the place

30

where the proceedings were held, if the commission of the offence as alleged

would have amounted to or included the commission (in the United Kingdom

or elsewhere) of a qualifying offence.

(5)   

Conduct punishable under the law in force elsewhere than in the United

Kingdom is an offence under that law for the purposes of subsection (4),

35

however it is described in that law.

(6)   

This Part applies whether the acquittal was before or after the passing of this

Act.

(7)   

References in this Part to acquittal are to acquittal in circumstances within

subsection (1) or (4).

40

(8)   

In this Part “qualifying offence” means an offence listed in Part 1 of Schedule 4.

 

 

 
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