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(d) an appeal to the criminal division of the Court of Appeal, | |
(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 | 5 |
(g) a hearing before the Court of Appeal under section 68 of this Act. | |
(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— | 10 |
(a) the court is satisfied that it is in the interests of the efficient or effective | |
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 | 15 |
it appears to the court that the proceedings will take place, and | |
(c) that notification has not been withdrawn.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 | 20 |
consider all the circumstances of the case. | |
(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, | 25 |
(d) the views of the witness, | |
(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. | 30 |
(8) The court must state in open court its reasons for refusing an application for a | |
direction under this section and, if it is a magistrates’ court, must cause them | |
to be entered in the register of its proceedings. | |
45 Effect of, and rescission of, direction | |
(1) Subsection (2) applies where the court gives a direction under section 44 for a | 35 |
person to give evidence through a live link in particular proceedings. | |
(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 44 if it appears to the court to | 40 |
be in the interests of justice to do so. | |
(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 44 in relation to him. | |
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(5) A direction under section 44 may be rescinded under subsection (3)— | |
(a) on an application by a party to the proceedings, or | |
(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. | 5 |
(7) The court must state in open court its reasons— | |
(a) for rescinding a direction under section 44, 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. | 10 |
46 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 44 for | |
evidence to be given through a live link in proceedings before the court, | |
and | 15 |
(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 | 20 |
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. | 25 |
47 Warning to jury | |
(1) This section applies where, as a result of a direction under section 44, 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 been given by the | 30 |
witness in the courtroom or other place where the proceedings are held. | |
48 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— | 35 |
(a) as to the procedure to be followed in connection with applications | |
under section 44 or 45, 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 | 40 |
provision— | |
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(a) for uncontested applications to be determined by the court without a | |
hearing, | |
(b) for preventing the renewal of an unsuccessful application under section | |
44 unless there has been a material change of circumstances, | |
(c) for the manner in which confidential or sensitive information is to be | 5 |
treated in connection with an application under section 44 or 45 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 | |
enactment conferring power to make rules of court. | 10 |
49 Interpretation of Part 8 | |
(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)), | 15 |
“petty-sessional court-house” has the same meaning as in the Magistrates’ | |
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 | 20 |
Criminal Appeal Rules, | |
“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 | 25 |
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 | |
the following persons. | |
(3) They are— | |
(a) the defendant or defendants, | 30 |
(b) the judge or justices (or both) and the jury (if there is one), | |
(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 | 35 |
impairment of eyesight or hearing is to be disregarded for the purposes of | |
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 | 40 |
(b) to exclude evidence at its discretion (whether by preventing questions | |
being put or otherwise). | |
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Part 9 | |
Prosecution appeals | |
50 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 | 5 |
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. | |
(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 | 10 |
there being fresh proceedings for that offence. | |
51 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, | 15 |
(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. | |
(2) The right of appeal mentioned in subsection (1)— | |
(a) is subject to subsection (7), and | 20 |
(b) may be exercised only in accordance with section 52. | |
(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 | 25 |
(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 | |
(b) may be exercised only in accordance with section 53. | |
(5) An appeal under this Part is to lie to the Court of Appeal. | 30 |
(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— | |
(a) a ruling made as a result of a decision of a jury as to a defendant’s | |
fitness to plead, | 35 |
(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. | |
(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 | 40 |
references to the time when, if the trial were conducted with a jury, the jury | |
would be sworn. | |
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(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. | |
52 Appeals against terminating rulings | |
(1) This section applies where a judge of the Crown Court makes a terminating | 5 |
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— | 10 |
(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. | |
(4) If the prosecution requests an adjournment under subsection (3)(a)(ii), the | 15 |
judge must grant such an adjournment. | |
(5) Where the ruling relates to two or more offences— | |
(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 | 20 |
offence or offences which are the subject of the appeal. | |
(6) If the prosecution informs the court in accordance with subsection (3) that it | |
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. | 25 |
(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 | |
(b) the judge may not take any steps in consequence of the ruling. | |
53 Appeals against certain other rulings | |
(1) This section applies where a judge of the Crown Court makes a ruling, other | 30 |
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— | |
(a) following the making of the ruling, it— | |
(i) informs the court that it intends to appeal, or | 35 |
(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. | |
(3) If the prosecution requests an adjournment under subsection (2)(a)(ii), the | |
judge must grant such an adjournment. | 40 |
(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 | |
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(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 | 5 |
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 | 10 |
(b) that the appeal is abandoned before it is determined by the Court of | |
Appeal. | |
54 Expedited and non-expedited appeals | |
(1) Where the prosecution informs the court in accordance with section 52(3) or | |
53(2) that it intends to appeal against a ruling, the judge must decide whether | 15 |
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 | 20 |
(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). | |
55 Continuation of proceedings for offences not affected by ruling | 25 |
(1) This section applies where the prosecution informs the court in accordance | |
with section 52(3) or 53(2) that it intends to appeal against a ruling. | |
(2) Proceedings may be continued in respect of any offence which is not the subject | |
of the appeal. | |
56 Determination of appeal by Court of Appeal | 30 |
(1) On an appeal under this Part, the Court of Appeal may confirm, reverse or vary | |
the ruling appealed against. | |
(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. | 35 |
(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 | |
following— | |
(a) order that proceedings for the offence may be resumed in the Crown | |
Court, | 40 |
(b) order that fresh proceedings may be instituted in the Crown Court for | |
the offence, | |
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(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. | 5 |
(5) Subsections (2) to (4) are without prejudice to any other powers that the Court | |
of Appeal may have. | |
57 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 9 of the Criminal Justice Act 2003”. | 10 |
(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). | |
58 Costs | |
(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows. | 15 |
(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”. | |
(3) In section 18 (award of costs against accused) after subsection (2) there is | |
inserted— | 20 |
“(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 | |
named in the order, as it considers just and reasonable.” | |
(4) In subsection (6) after “subsection (2)” there is inserted “or (2A)”. | 25 |
59 Effect on time limits in relation to preliminary stages | |
(1) Section 22 of the Prosecution of Offences Act 1985 (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— | 30 |
“(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, | |
for the purposes of the overall time limit and the custody time limit | |
which applies to the stage which the proceedings have reached when | 35 |
they are adjourned.” | |
60 Restrictions on reporting | |
(1) Except as provided by this section no publication shall include a report of— | |
(a) anything done under section 52, 53 or 54, | |
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