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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 | 5 |
(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 | 10 |
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. | 15 |
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 such direction as he thinks necessary to ensure that | |
the jury gives the same weight to the evidence as if it had be given by the | 20 |
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. | |
(2) Rules of court may in particular make provision— | 25 |
(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. | |
(3) The provision which may be made by virtue of subsection (2)(a) includes | 30 |
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 | |
43 unless there has been a material change of circumstances, | 35 |
(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 | |
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 | 40 |
enactment conferring power to make rules of court. | |
48 Interpretation of Part 8 | |
(1) In this Part— | |
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“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’ | |
Courts Act 1980 (c. 43), | 5 |
“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, | |
“witness”, in relation to any criminal proceedings, means a person called, | 10 |
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 | |
at the place where the proceedings are being held and to be seen and heard by | 15 |
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), | |
(c) legal representatives acting in the proceedings, and | 20 |
(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 | |
subsection (2). | 25 |
(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 | |
being put or otherwise). | 30 |
Part 9 | |
Prosecution appeals | |
49 Meaning of “terminating ruling” | |
(1) In this Part “terminating ruling” means a ruling by a judge of the Crown Court, | |
in relation to a trial on indictment, which, if given effect to, will, without any | 35 |
further action by the prosecution, result in— | |
(a) the termination of proceedings against the defendant for the offence, or | |
one or more of the offences, included in the indictment, or | |
(b) where there are two or more defendants, the termination of | |
proceedings against one or more of them for the offence, or one or more | 40 |
of the offences, included in the indictment. | |
(2) A ruling may be regarded, for the purposes of subsection (1), as resulting in the | |
termination of proceedings against a defendant for an offence notwithstanding | |
the possibility of there being a fresh trial of the defendant for that offence. | |
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50 Prosecution right of appeal against certain rulings | |
(1) The prosecution is to have a right of appeal under this Part in respect of a | |
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 | 5 |
prosecution evidence, or | |
(c) which is a ruling that there is no case to answer. | |
(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). | 10 |
(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 | |
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. | 15 |
(4) The right of appeal mentioned in subsection (3)— | |
(a) is subject to subsection (7), and | |
(b) may be exercised only in accordance with section 52(2) and (4). | |
(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 | 20 |
ruling or the Court of Appeal. | |
(7) The prosecution is to have no right of appeal under this Part in respect of— | |
(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 | 25 |
(c) a ruling from which an appeal lies to the Court of Appeal by virtue of | |
any other enactment. | |
(8) The references in subsections (1)(a) and (3)(a) to the time when the jury is | |
sworn are to be read, in the case of a trial conducted without a jury, as | |
references to the time when, if the trial were conducted with a jury, the jury | 30 |
would be sworn. | |
(9) 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 | 35 |
(1) This section applies where a judge of the Crown Court makes a terminating | |
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— | 40 |
(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 | |
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(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) If the prosecution informs the court in accordance with subsection (3) that it | 5 |
intends to appeal, the ruling is to continue to have no effect whilst the appeal | |
is pursued. | |
(6) Where a ruling has no effect in accordance with this section— | |
(a) any consequences of the ruling are also to have no effect, and | |
(b) the judge may not take any steps in consequence of the ruling. | 10 |
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. | |
(2) The prosecution may not appeal in respect of the ruling unless— | 15 |
(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 | |
adjournment that it intends to appeal. | 20 |
(3) If the prosecution requests an adjournment under subsection (2)(a)(ii), the | |
judge must grant such an adjournment. | |
(4) 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 | |
it agrees— | 25 |
(a) that the defendant or defendants to which the ruling applies should be | |
acquitted of the offence or offences to which the ruling applies if— | |
(i) leave to appeal is not obtained, or | |
(ii) the appeal is abandoned, and | |
(b) that any such defendant should be acquitted of any such offence if the | 30 |
result of the appeal as finally determined is that proceedings against | |
him for that offence should not take place or be resumed. | |
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 | 35 |
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 | 40 |
(b) discharge the jury (if one has been sworn). | |
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(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). | |
54 Continuation of proceedings for offences not affected by ruling | |
(1) This section applies where the prosecution informs the court in accordance | 5 |
with section 51(3) or 52(2) that it intends to appeal against a ruling. | |
(2) If— | |
(a) there is only one defendant, | |
(b) the defendant is charged with two or more offences, and | |
(c) the ruling does not apply to all of those offences, | 10 |
proceedings may be continued against the defendant for any offence to which | |
the ruling does not apply. | |
(3) If— | |
(a) there are two or more defendants, | |
(b) they are charged with one or more offences, | 15 |
proceedings may be continued against any such defendant for any such | |
offence if the ruling does not apply to that defendant in respect of that offence. | |
55 Determination of appeal by Court of Appeal | |
(1) On the termination of the hearing of 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, reverses or varies a ruling, it may order | |
the acquittal of the defendant, or one or more of the defendants, for the offence, | |
or one of more of the offences, to which the ruling applies. | |
(3) Where the Court of Appeal reverses or varies the ruling, it may order— | |
(a) that the proceedings in the Crown Court should be resumed against the | 25 |
defendant, or one or more of the defendants, for the offence, or one or | |
more of the offences, to which the ruling applies, or | |
(b) that a fresh trial of the defendant, or one or more of the defendants, | |
should take place for the offence, or one or more of the offences, to | |
which the ruling applies. | 30 |
(4) But the Court of Appeal may not make an order under subsection (3)(a) or (b) | |
unless it considers it necessary in the interests of justice to do so. | |
(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 | 35 |
(1) In section 33(1) of the 1968 Act (right of appeal to House of Lords) after “this | |
Act” there is inserted “or Part 9 of the Criminal Justice Act 2003”. | |
(2) In section 36 of the 1968 Act (bail on appeal by defendant) after “under” there | |
is inserted “Part 9 of the Criminal Justice Act 2003 or”. | |
(3) In this Part “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19). | 40 |
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