Criminal Justice Bill

House of Lords

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill

Criminal Justice Bill
Part 5 — Disclosure
29

(4)
In preparing the code, the Secretary of State shall consult—
(a)
to the extent the code applies to England and Wales—
(i)
any person who he considers to represent the interests
of chief officers of police;
(ii)
the General Council of the Bar;
5
(iii)
the Law Society of England and Wales;
(iv)
the Institute of Legal Executives;
(b)
to the extent the code applies to Northern Ireland—
(i)
the Chief Constable of the Police Service of Northern
Ireland;
10
(ii)
the General Council of the Bar of Northern Ireland;
(iii)
the Law Society of Northern Ireland;
(c)
such other persons as he thinks fit.
(5)
The code shall not come into operation until the Secretary of State by
order so provides.
15
(6)
The Secretary of State may from time to time revise the code and
subsections (4) and (5) shall apply to a revised code as they apply to the
code as first prepared.
(7)
An order bringing the code into operation may not be made unless a
draft of the order has been laid before each House of Parliament and
20
approved by a resolution of each House.
(8)
An order bringing a revised code into operation shall be laid before
each House of Parliament if the order has been made without a draft
having been so laid and approved by a resolution of each House.
(9)
When an order or a draft of an order is laid in accordance with
25
subsection (7) or (8), the code to which it relates shall also be laid.
(10)
No order or draft of an order may be laid until the consultation
required by subsection (4) has taken place.
(11)
A failure by a person mentioned in subsection (3) to have regard to any
provision of a code for the time being in operation by virtue of an order
30
under this section shall not in itself render him liable to any criminal or
civil proceedings.
(12)
In all criminal and civil proceedings a code in operation at any time by
virtue of an order under this section shall be admissible in evidence.
(13)
If it appears to a court or tribunal conducting criminal or civil
35
proceedings that—
(a)
any provision of a code in operation at any time by virtue of an
order under this section, or
(b)
any failure mentioned in subsection (11),

is relevant to any question arising in the proceedings, the provision or
40
failure shall be taken into account in deciding the question.”

Criminal Justice Bill
Part 7 — Live links
30

Part 6
Allocation and sending of offences
41
Allocation of offences triable either way, and sending cases to Crown Court
Schedule 3 (which makes provision in relation to the allocation and other
treatment of offences triable either way, and the sending of cases to the Crown
5
Court) shall have effect.
42
Mode of trial for certain firearms offences: transitory arrangements
(1)
The Magistrates’ Courts Act 1980 is amended as follows.
(2)
In section 24 (summary trial of information against child or young person for
indictable offence)—
10
(a)
in subsection (1), for “homicide” there is substituted “one falling within
subsection (1B) below”,
(b)
in subsection (1A)(a), for “of homicide” there is substituted “falling
within subsection (1B) below”,
(c)
after subsection (1A), there is inserted—
15
“(1B)
An offence falls within this subsection if—
(a)
it is an offence of homicide; or
(b)
each of the requirements of section 51A(1) of the
Firearms Act 1968 would be satisfied with respect to—
(i)
the offence; and
20
(ii)
the person charged with it,

if he were convicted of the offence.”
(3)
In section 25 (power to change from summary trial to committal proceedings
and vice versa), in subsection (5), for “homicide” there is substituted “one
falling within section 24(1B) above”.
25
Part 7
Live links
43
Live links in criminal proceedings
(1)
A witness (other than the defendant) may, if the court so directs, give evidence
through a live link in the following criminal proceedings.
30
(2)
They are—
(a)
a summary trial,
(b)
an appeal to the Crown Court arising out of such a trial,
(c)
a trial on indictment,
(d)
an appeal to the criminal division of the Court of Appeal,
35
(e)
the hearing of a reference under section 9 or 11 of the Criminal Appeal
Act 1995 (c. 35),
(f)
a hearing before a magistrates’ court or the Crown Court which is held
after the defendant has entered a plea of guilty, and
(g)
a hearing before the Court of Appeal under section 68 of this Act.
40

Criminal Justice Bill
Part 7 — Live links
31

(3)
A direction may be given under this section—
(a)
on an application by a party to the proceedings, or
(b)
of the court’s own motion.
(4)
But a direction may not be given under this section unless—
(a)
the court is satisfied that it is in the interests of the efficient or effective
5
administration of justice for the person concerned to give evidence in
the proceedings through a live link,
(b)
it has been notified by the Secretary of State that suitable facilities for
receiving evidence through a live link are available in the area in which
it appears to the court that the proceedings will take place, and
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(c)
that notification has not been withdrawn.
(5)
The withdrawal of such a notification is not to affect a direction given under
this section before that withdrawal.
(6)
In deciding whether to give a direction under this section the court must
consider all the circumstances of the case.
15
(7)
Those circumstances include in particular—
(a)
the availability of the witness,
(b)
the need for the witness to attend in person,
(c)
the importance of the witness’s evidence to the proceedings,
(d)
the views of the witness,
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(e)
the suitability of the facilities at the place where the witness would give
evidence through a live link,
(f)
whether a direction might tend to inhibit any party to the proceedings
from effectively testing the witness’s evidence.
(8)
The court must state in open court its reasons for refusing an application for a
25
direction under this section and, if it is a magistrates’ court, must cause them
to be entered in the register of its proceedings.
44
Effect of, and rescission of, direction
(1)
Subsection (2) applies where the court gives a direction under section 43 for a
person to give evidence through a live link in particular proceedings.
30
(2)
The person concerned may not give evidence in those proceedings after the
direction is given otherwise than through a live link (but this is subject to the
following provisions of this section).
(3)
The court may rescind a direction under section 43 if it appears to the court to
be in the interests of justice to do so.
35
(4)
Where it does so, the person concerned shall cease to be able to give evidence
in the proceedings through a live link, but this does not prevent the court from
giving a further direction under section 43 in relation to him.
(5)
A direction under section 43 may be rescinded under subsection (3)—
(a)
on an application by a party to the proceedings, or
40
(b)
of the court’s own motion.
(6)
But an application may not be made under subsection (5)(a) unless there has
been a material change of circumstances since the direction was given.

Criminal Justice Bill
Part 7 — Live links
32

(7)
The court must state in open court its reasons—
(a)
for rescinding a direction under section 43, or
(b)
for refusing an application to rescind such a direction,

and, if it is a magistrates’ court, must cause them to be entered in the register
of its proceedings.
5
45
Magistrates’ courts permitted to sit at other locations
(1)
This section applies where—
(a)
a magistrates’ court is minded to give a direction under section 43 for
evidence to be given through a live link in proceedings before the court,
and
10
(b)
suitable facilities for receiving such evidence are not available at any
petty-sessional court-house in which the court can (apart from
subsection (2)) lawfully sit.
(2)
The court may sit for the purposes of the whole or any part of the proceedings
at any place at which such facilities are available and which has been appointed
15
for the purposes of this section by the justices acting for the petty sessions area
for which the court acts.
(3)
A place appointed under subsection (2) may be outside the petty sessions area
for which it is appointed; but (if so) it shall be deemed to be in that area for the
purpose of the jurisdiction of the justices acting for that area.
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46
Warning to jury
(1)
This section applies where, as a result of a direction under section 43, evidence
has been given through a live link in proceedings before the Crown Court.
(2)
The judge may give the jury (if there is one) such direction as he thinks
necessary to ensure that the jury gives the same weight to the evidence as if it
25
had been given by the witness in the courtroom or other place where the
proceedings are held.
47
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.
30
(2)
Rules of court may in particular make provision—
(a)
as to the procedure to be followed in connection with applications
under section 43 or 44, and
(b)
as to the arrangements or safeguards to be put in place in connection
with the operation of live links.
35
(3)
The provision which may be made by virtue of subsection (2)(a) includes
provision—
(a)
for uncontested applications to be determined by the court without a
hearing,
(b)
for preventing the renewal of an unsuccessful application under section
40
43 unless there has been a material change of circumstances,
(c)
for the manner in which confidential or sensitive information is to be
treated in connection with an application under section 43 or 44 and in

Criminal Justice Bill
Part 8 — Prosecution appeals
33

particular as to its being disclosed to, or withheld from, a party to the
proceedings.
(4)
Nothing in this section is to be taken as affecting the generality of any
enactment conferring power to make rules of court.
48
Interpretation of Part 7
5
(1)
In this Part—

“legal representative” means an authorised advocate or authorised
litigator (as defined by section 119(1) of the Courts and Legal Services
Act 1990 (c. 41)),

“petty-sessional court-house” has the same meaning as in the Magistrates’
10
Courts Act 1980 (c. 43),

“petty sessions area” has the same meaning as in the Justices of the Peace
Act 1997 (c. 25),

“rules of court” means Magistrates’ Courts Rules, Crown Court Rules or
Criminal Appeal Rules,
15

“witness”, in relation to any criminal proceedings, means a person called,
or proposed to be called, to give evidence in the proceedings.
(2)
In this Part “live link” means a live television link or other arrangement by
which a witness, while at a place in the United Kingdom which is outside the
building where the proceedings are being held, is able to see and hear a person
20
at the place where the proceedings are being held and to be seen and heard by
the following persons.
(3)
They are—
(a)
the defendant or defendants,
(b)
the judge or justices (or both) and the jury (if there is one),
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(c)
legal representatives acting in the proceedings, and
(d)
any interpreter or other person appointed by the court to assist the
witness.
(4)
The extent (if any) to which a person is unable to see or hear by reason of any
impairment of eyesight or hearing is to be disregarded for the purposes of
30
subsection (2).
(5)
Nothing in this Part is to be regarded as affecting any power of a court—
(a)
to make an order, give directions or give leave of any description in
relation to any witness (including the defendant or defendants), or
(b)
to exclude evidence at its discretion (whether by preventing questions
35
being put or otherwise).
Part 8
Prosecution appeals
49
Further provision about right of appeal mentioned in section 50(1)
(1)
In this Part “terminating ruling” means a ruling by a judge of the Crown Court,
40
in relation to a trial on indictment, which, if given effect to, will, without any
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.

Criminal Justice Bill
Part 8 — Prosecution appeals
34

(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
there being fresh proceedings for that offence.
50
Further provision about right of appeal mentioned in section 50(3)
(1)
The prosecution is to have a right of appeal under this Part in respect of a
5
terminating ruling—
(a)
which is made before the time when the jury is sworn,
(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.
10
(2)
The right of appeal mentioned in subsection (1)—
(a)
is subject to subsection (7), and
(b)
may be exercised only in accordance with section 51.
(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
15
a terminating ruling but which is made—
(a)
before the time when the jury is sworn, or
(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
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(b)
may be exercised only in accordance with section 52.
(5)
An appeal under this Part is to lie to the Court of Appeal.
(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—
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(a)
a ruling made as a result of a decision of a jury as to a defendant’s
fitness to plead,
(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.
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(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
convict.
51
Appeals against terminating rulings
(1)
This section applies where a judge of the Crown Court makes a terminating
35
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).
(3)
The prosecution may not appeal in respect of the ruling unless—
(a)
following the making of the ruling, it—
40
(i)
informs the court that it intends to appeal, or
(ii)
requests an adjournment to consider whether to appeal, and

Criminal Justice Bill
Part 8 — Prosecution appeals
35

(b)
if it requests such an adjournment, it informs the court following the
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—
5
(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 (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
10
intends to appeal, the ruling is to continue to have no effect in relation to the
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
15
(b)
the judge may not take any steps in consequence of the ruling.
52
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.
20
(2)
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
25
adjournment that it intends to appeal.
(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
30
(b)
if the prosecution informs the court in accordance with subsection (2)
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.
(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
35
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.
(6)
Those conditions are—
(a)
that leave to appeal to the Court of Appeal is not obtained, and
40
(b)
that the appeal is abandoned before it is determined by the Court of
Appeal.