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57 Costs | |
(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows. | |
(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 9 of the Criminal Justice Act 2003”. | 5 |
(3) In section 18 (award of costs against accused) after subsection (2) there is | |
inserted— | |
“(2A) Where the Court of Appeal reverses or varies a ruling on an appeal | |
under Part 9 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 | 10 |
named in the order, as it considers just and reasonable.” | |
(4) In subsection (6) after “subsection (2)” there is inserted “or (2A)”. | |
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 | 15 |
proceedings) is amended as follows. | |
(2) After subsection (6A) there is inserted— | |
“(6B) Any period during which proceedings for an offence are adjourned | |
pending the determination of an appeal under Part 9 of the Criminal | |
Justice Act 2003 shall be disregarded, so far as the offence is concerned, | 20 |
for the purposes of the overall time limit and the custody time limit | |
which applies to the stage which the proceedings have reached when | |
they are adjourned.” | |
59 Restrictions on reporting | |
(1) Except as provided by this section no publication shall include a report of— | 25 |
(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, | |
or | |
(c) an application for leave to appeal in relation to the ruling under this | |
Part or Part 2 of the 1968 Act. | 30 |
(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— | |
(a) anything done under section 51, 52 or 53, | |
(b) an application to the judge for leave to appeal to the Court of Appeal | |
under this Part. | 35 |
(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— | |
(a) an appeal to the Court of Appeal under this Part, | |
(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 | 40 |
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— | |
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(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)— | 5 |
(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. | 10 |
(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 | 15 |
(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, | 20 |
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. | 25 |
(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, | 30 |
(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, | 35 |
(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 | 40 |
addresses— | |
(a) at any relevant time, and | |
(b) at the time of their inclusion in the publication. | |
(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. | 45 |
(11) In this section— | |
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“programme service” has the same meaning as in the Broadcasting Act | |
1990 (c. 42), | |
“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 | 5 |
programme is to be taken to be so addressed), but does not include an | |
indictment or other document prepared for use in particular legal | |
proceedings, | |
“relevant time” means a time when events giving rise to the charges to | |
which the proceedings relate are alleged to have occurred, | 10 |
“relevant programme” means a programme included in a programme | |
service. | |
60 Offences in connection with reporting | |
(1) This section applies if a publication includes a report in contravention of | |
section 59. | 15 |
(2) Where the publication is a newspaper or periodical, any proprietor, editor or | |
publisher of the newspaper or periodical is guilty of an offence. | |
(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 | 20 |
(b) any person having functions in relation to the programme | |
corresponding to those of an editor of a newspaper, | |
is guilty of an offence. | |
(4) In the case of any other publication, any person publishing it is guilty of an | |
offence. | 25 |
(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 | |
(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. | 30 |
(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. | |
(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 | 35 |
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 | |
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. | 40 |
(10) Proceedings for an offence under this section may not be instituted— | |
(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 the | |
Attorney General for Northern Ireland. | 45 |
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61 Interpretation of Part 9 | |
(1) In this Part— | |
“programme service” has the meaning given by section 59(11), | |
“publication” has the meaning given by section 59(11), | |
“relevant programme” has the meaning given by section 59(11), | 5 |
“terminating ruling” has the meaning given by section 49 | |
“the 1968 Act” means the Criminal Appeal Act 1968 (c. 19). | |
(2) 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)— | 10 |
(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 10 | 15 |
Retrial for serious offences | |
Cases that may be retried | |
62 Cases that may be retried | |
(1) This Part applies where a person has been acquitted of a qualifying offence in | |
proceedings in England and Wales— | 20 |
(a) on indictment, | |
(b) on appeal against a conviction, verdict or finding on indictment, 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 | |
treated for the purposes of that subsection as also acquitted of any qualifying | 25 |
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, | |
(b) of which he has been found not guilty by reason of insanity, or | 30 |
(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. | |
(3) References in subsections (1) and (2) to a qualifying offence do not include | 35 |
references to an offence which, at the time of the acquittal, was the subject of | |
an order under section 64(1) or (3). | |
(4) This Part also applies where a person has been acquitted, in proceedings | |
elsewhere than in England and Wales or Scotland, of an offence under the law | |
of the place where the proceedings were held, if the commission of the offence | 40 |
as alleged would have amounted to or included the commission in the United | |
Kingdom of a qualifying offence. | |
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(5) Conduct punishable under the law in force elsewhere than in England and | |
Wales or Scotland is an offence under that law for the purposes of subsection | |
(4), however it is described in that law. | |
(6) This Part applies whether the acquittal was before or after the passing of this | |
Act. | 5 |
(7) References in this Part to acquittal are to acquittal in circumstances within | |
subsection (1) or (4). | |
(8) In this Part “qualifying offence” means an offence listed in Schedule 4. | |
Application for retrial | |
63 Application to Court of Appeal | 10 |
(1) A prosecutor may apply to the Court of Appeal for an order— | |
(a) quashing a person’s acquittal in England and Wales, and | |
(b) ordering him to be retried for the qualifying offence. | |
(2) A prosecutor may apply to the Court of Appeal, in the case of a person | |
acquitted elsewhere than in England and Wales or Scotland, for— | 15 |
(a) a determination whether the acquittal is a bar to the person being tried | |
in England and Wales for the qualifying offence, and | |
(b) if it is, an order that the acquittal is not to be a bar. | |
(3) A prosecutor may make an application under subsection (1) or (2) only with the | |
written consent of the Director of Public Prosecutions. | 20 |
(4) The Director of Public Prosecutions may give his consent only if satisfied | |
that— | |
(a) there is evidence as respects which the requirements of section 65 | |
appear to be met, and | |
(b) it is in the public interest for the application to proceed. | 25 |
(5) Not more than one application may be made under subsection (1) or (2) in | |
relation to an acquittal. | |
64 Determination by Court of Appeal | |
(1) On an application under section 63(1), the Court of Appeal— | |
(a) if satisfied that the requirements of sections 65 and 66 are met, must | 30 |
make the order applied for; | |
(b) otherwise, must dismiss the application. | |
(2) Subsections (3) and (4) apply to an application under section 63(2). | |
(3) Where the Court of Appeal determines that the acquittal is a bar to the person | |
being tried for the qualifying offence, the court— | 35 |
(a) if satisfied that the requirements of sections 65 and 66 are met, must | |
make the order applied for; | |
(b) otherwise, must make a declaration to the effect that the acquittal is a | |
bar to the person being tried for the offence. | |
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(4) Where the Court of Appeal determines that the acquittal is not a bar to the | |
person being tried for the qualifying offence, it must make a declaration to that | |
effect. | |
65 New and compelling evidence | |
(1) The requirements of this section are met if there is new and compelling | 5 |
evidence that the acquitted person is guilty of the qualifying offence. | |
(2) Evidence is new if it was not available or known to an officer or prosecutor at | |
or before the time of the acquittal. | |
(3) Evidence is compelling if— | |
(a) it is reliable, | 10 |
(b) it is substantial, and | |
(c) when it is considered in the context of the outstanding issues, it is | |
highly probable that the person is guilty of the offence. | |
(4) The outstanding issues are the issues in dispute in the proceedings in which the | |
person was acquitted and, if those are appeal proceedings, any other issues | 15 |
remaining in dispute from earlier proceedings to which the appeal relates. | |
(5) For the purposes of this section, it is irrelevant whether any evidence would | |
have been admissible in earlier proceedings against the acquitted person. | |
(6) In subsection (2) the reference to an officer or prosecutor includes a reference | |
to a person charged with corresponding duties under the law in force | 20 |
elsewhere than in England and Wales. | |
(7) Where the earlier prosecution was conducted by a person other than a | |
prosecutor, subsection (2) applies in relation to that person as well as in | |
relation to a prosecutor. | |
66 Interests of justice | 25 |
(1) The requirements of this section are met if in all the circumstances it is in the | |
interests of justice for the court to make the order under section 64. | |
(2) That question is to be determined having regard in particular to— | |
(a) whether it is likely that a fair trial pursuant to the order would be | |
possible; | 30 |
(b) for the purposes of that question and otherwise, the length of time since | |
the qualifying offence was allegedly committed; | |
(c) whether it is likely that the new evidence would have been available | |
sooner (either in the earlier proceedings against the acquitted person or | |
subsequently) but for a failure by an officer or by a prosecutor to act | 35 |
with due diligence; | |
(d) whether any officer or prosecutor has failed to act with due expedition | |
since the new evidence became available or known to him or, if later, | |
since the commencement of this Part. | |
(3) In subsection (2) references to an officer or prosecutor include references to a | 40 |
person charged with corresponding duties under the law in force elsewhere | |
than in England and Wales. | |
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(4) Where the earlier prosecution was conducted by a person other than a | |
prosecutor, subsection (2)(c) applies in relation to that person as well as in | |
relation to a prosecutor. | |
67 Procedure and evidence | |
(1) A prosecutor who wishes to make an application under section 63(1) or (2) | 5 |
must give notice of the application to the Court of Appeal. | |
(2) Within two days beginning with the day on which any such notice is given, | |
notice of the application must be served by the prosecutor on the person to | |
whom the application relates. | |
(3) The Court of Appeal must consider the application at a hearing. | 10 |
(4) The person to whom the application relates is entitled to be present at the | |
hearing, although he may be in custody. | |
(5) For the purposes of the application, the Court of Appeal may, if it thinks it | |
necessary or expedient in the interests of justice— | |
(a) order the production of any document, exhibit or other thing, the | 15 |
production of which appears to the court to be necessary for the | |
determination of the application, and | |
(b) order any witness who would be a compellable witness in proceedings | |
pursuant to an order or declaration made on the application to attend | |
for examination and be examined before the court. | 20 |
(6) The Court of Appeal may at one hearing consider more than one application | |
(whether or not relating to the same person), but only if the offences concerned | |
could be tried on the same indictment. | |
68 Appeals | |
(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows. | 25 |
(2) In section 33 (right of appeal to House of Lords), after subsection (1A) there is | |
inserted— | |
“(1B) An appeal lies to the House of Lords, at the instance of the acquitted | |
person or the prosecutor, from any decision of the Court of Appeal on | |
an application under section 63(1) or (2) of the Criminal Justice Act 2003 | 30 |
(retrial for serious offences).” | |
(3) At the end of that section there is inserted— | |
“(4) In relation to an appeal under subsection (1B), references in this Part to | |
a defendant are references to the acquitted person.” | |
(4) In section 34(2) (extension of time for leave to appeal), after “defendant” there | 35 |
is inserted “or, in the case of an appeal under section 33(1B), by the prosecutor”. | |
(5) In section 38 (presence of defendant at hearing), for “has been convicted of an | |
offence and” substitute “has been convicted of an offence, or in whose case an | |
order under section 64 of the Criminal Justice Act 2003 or a declaration under | |
section 64(4) of that Act has been made, and who”. | 40 |
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