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Lord Kingsland: My Lords, once again I am most grateful to the noble and learned Lord the Attorney-General for the way in which he has introduced the

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new provisions, which, as he rightly said, were not tabled until Report. I entirely agree that the precautionary measures that he has introduced to make sure that we learn from the development of the law on terminating rulings first, before we move on to implement evidential rulings, are prudent. I do not need to speak to Amendment No. 44, because it covers both terminating and evidential rulings. In those circumstances, I can complete my observations.

Lord Thomas of Gresford: My Lords, I entirely agree with the views expressed by the noble Lord, Lord Kingsland, and have nothing to add.

Lord Goldsmith: My Lords, I am grateful to noble Lords who have spoken.

On Question, amendment agreed to.

Lord Goldsmith moved Amendments Nos. 40 to 44:


    After Clause 55, insert 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.
(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.
(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." After Clause 55, insert the following new clause—


"EXPEDITED AND NON-EXPEDITED APPEALS
(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)." After Clause 55, insert the following new clause—


"CONTINUATION OF PROCEEDINGS FOR OFFENCES NOT AFFECTED BY RULING
(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." After Clause 55, insert 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.

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(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." After Clause 55, insert the following new clause—


"REVERSAL OF RULINGS
The Court of Appeal may not reverse a ruling on an appeal under this Part unless it is satisfied—
(a) that the ruling was wrong in law,
(b) that the ruling involved an error of law or principle, or
(c) that the ruling was a ruling that it was not reasonable for the judge to have made."

On Question, amendments agreed to.

Clause 59 [Restrictions on reporting]:

Lord Goldsmith moved Amendments Nos. 45 to 57:


    Page 37, line 29, leave out "52 or"


    Page 37, line 29, at end insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"


    Page 37, line 30, leave out "in relation to a ruling"


    Page 37, line 30, leave out from first "Part" to end of line and insert—


"(ba) an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part," Page 37, line 32, leave out from second "to" to end of line 33 and insert "an appeal mentioned in paragraph (b) or (ba)"


    Page 37, line 34, leave out "who made the ruling"


    Page 37, line 36, leave out "52 or"


    Page 37, line 36, after "53," insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"


    Page 38, line 24, leave out "52 or"


    Page 38, line 24, at end insert "(Appeals in respect of evidentiary rulings), (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-expedited appeals),"


    Page 38, line 25, leave out "in relation to a ruling"


    Page 38, line 25, leave out from first "Part" to end of line and insert—


"(ba) an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part," Page 38, line 27, leave out from second "to" to end of line 28 and insert "an appeal mentioned in paragraph (b) or (ba)"

On Question, amendments agreed to.

Clause 62 [Interpretation of Part 8]:

Lord Goldsmith moved Amendments Nos. 58 to 61:


    Page 40, line 26, 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)."

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Page 40, leave out line 28 and insert—


""ruling" includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement," Page 40, line 29, 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 51(3) or (Appeals in respect of evidentiary rulings)(5)." Page 40, line 34, leave out subsection (3).

On Question, amendments agreed to.

Clause 72 [Retrial]:

Baroness Scotland of Asthal moved Amendment No. 62:


    Page 47, line 22, at end insert—


"( ) all the parties to the trial agree otherwise,"

The noble Baroness said: My Lords, the purpose of the amendments is to enable a deposition or a trial transcript to be used as evidence in retrials when all the parties are agreed. They are small and technical amendments. I beg to move.

On Question, amendment agreed to.

Clause 84 [Application of Part 9 to Northern Ireland]:

Baroness Scotland of Asthal moved Amendment No. 63:


    Page 56, line 14, leave out "the words from "unless" to the end" and insert "paragraphs (a) and (b)"

On Question, amendment agreed to.

Clause 86 [Evidence of bad character]:

Lord Kingsland moved Amendment No. 64:


    Page 64, leave out line 44 and insert "82A of the Police and Criminal Evidence Act 1984 (c. 60)."

The noble Lord said: My Lords, this drafting amendment is consequential on the vote of your Lordships' House on Report upon the section of Part 10 that deals with bad character. I do not think that I need add anything further. It is a purely procedural matter. I beg to move.

Baroness Scotland of Asthal: My Lords, we have had extensive debates on the subject of bad character both in Committee and on Report, and it is obviously not the time to repeat those debates. I accept that the amendment is necessary to tidy up the scheme introduced by the House on Report and does not alter the substance of that scheme. On that basis, I do not intend to resist the amendment.

I would like to make it clear that the issue of bad character evidence will be considered further in another place when it considers the amendments made by this House. Our acceptance of this technical amendment does not mean that the Government are persuaded that the scheme adopted on Report is the appropriate scheme to regulate the admission of bad

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character evidence. However, as I have said, the debate will now be continued in another place, so I will not resist the amendment.


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