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Clause 66

78

Page 42, line 32, leave out “59 or”

79

Page 42, line 32, at end insert “(Appeals in respect of evidentiary rulings), (Condition

 

that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-

 

expedited appeals),”

80

Page 42, line 33, leave out “in relation to a ruling”

81

Page 42, line 33, 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,”

82

Page 42, line 35, leave out from second “to” to end of line 36 and insert “an appeal

 

mentioned in paragraph (b) or (ba)”

83

Page 42, line 37, leave out “who made the ruling”

84

Page 42, line 39, leave out “59 or”

85

Page 42, line 39, after “60,” insert “(Appeals in respect of evidentiary rulings),

 

(Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited

 

and non-expedited appeals),”

86

Page 43, line 27, leave out “59 or”

87

Page 43, line 27, at end insert “(Appeals in respect of evidentiary rulings), (Condition

 

that evidentiary ruling significantly weakens prosecution case) or (Expedited and non-

 

expedited appeals),”

88

Page 43, line 28, leave out “in relation to a ruling”

89

Page 43, line 28, 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,”

90

Page 43, line 30, leave out from second “to” to end of line 31 and insert “an appeal

 

mentioned in paragraph (b) or (ba)”

After Clause 67

91

Insert the following new Clause—

 

“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)   

Without limiting subsection (1), rules of court may in particular make

 

provision—

 

(a)   

for time limits which are to apply in connection with any provisions

 

of this Part,

 

(b)   

as to procedures to be applied in connection with this Part,

 

(c)   

enabling a single judge of the Court of Appeal to give leave to

 

appeal under this Part or to exercise the power of the Court of

 

Appeal under section 58(8).


 

(  14  )

 
 

(3)   

Nothing in this section is to be taken as affecting the generality of any

 

enactment conferring powers to make rules of court.”

Clause 68

92

Page 45, line 16, 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).”

93

Page 45, leave out line 18 and insert—

 

   

““ruling” includes a decision, determination, direction, finding,

 

notice, order, refusal, rejection or requirement,”

94

Page 45, line 19, 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 58(3) or (Appeals in respect of

 

evidentiary rulings)(5).”

95

Page 45, line 24, leave out subsection (3)

Clause 70

96

Page 47, line 12, leave out “and”

97

Page 47, line 13, at end insert “, and

 

“( )   

any trial pursuant to an order on the application would not be

 

inconsistent with obligations of the United Kingdom under Article

 

31 or 34 of the Treaty on European Union relating to the principle

 

of ne bis in idem.”

After Clause 76

98

Insert the following new Clause—

 

“Offences in connection with publication restrictions

 

(1)   

This section applies if—

 

(a)   

an order under section 76 is made, whether in England and Wales

 

or Northern Ireland, and

 

(b)   

while the order has effect, any matter is included in a publication,

 

in any part of the United Kingdom, in contravention of the order.

 

(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


 

(  15  )

 
 

(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.

 

(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.

 

(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 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.

 

(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—

 

(i)   

before the relevant date, the Attorney General for Northern

 

Ireland, or

 

(ii)   

on or after the relevant date, the Director of Public

 

Prosecutions for Northern Ireland.

 

(11)   

In subsection (10) “the relevant date” means the date on which section 22(1)

 

of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.”

Clause 77

99

Page 51, line 19, at end insert—

 

“( )   

all the parties to the trial agree otherwise,”

Clause 78

100

Page 52, line 22, leave out “and”

101

Page 52, line 23, at end insert “, and

 

(c)   

he has sought leave from a judge of the Crown Court on an ex-parte

 

application.”

Clause 86

102

Page 58, line 20, leave out from “(1),” to “may” in line 21 and insert “rules of court”


 

(  16  )

103

Page 58, line 22, leave out “75” and insert “76

Clause 88

104

Page 58, leave out lines 39 and 40

105

Page 59, line 5, leave out “1979 Act,” and insert “Customs and Excise Management

 

Act 1979 (c. 2),”

106

Page 59, line 7, after first ““officer”” insert “, except in section (Offences in connection

 

with publication restrictions),”

Clause 89

107

Page 60, line 1, at end insert—

 

“( )   

In section 76(10) after “enactment” in each place insert “(including any

 

provision of Northern Ireland legislation)”.”

108

Page 60, line 2, after “77(1)” insert “and (2)”

109

Page 60, line 2, at end insert—

 

“( )   

Section 77(6) has effect—

 

(a)   

as if any reference to a provision of Part 11 were a reference to any

 

corresponding provision contained in an Order in Council to which

 

section 303(1) applies, at any time when such corresponding

 

provision is in force;

 

(b)   

at any other time, with the omission of paragraphs (a) and (b).”

110

Page 60, line 7, leave out “committed” and insert “returned”

111

Page 60, line 9, at end insert—

 

“( )   

In section 80

 

(a)   

in subsection (3), for “Part 4 of the 1984 Act” substitute “Part 5 of the

 

Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I.

 

1989/1341 (N. I. 12)) (“the 1989 Order”)”,

 

(b)   

in paragraph (b) of that subsection, for “section 34(7) of that Act”

 

substitute “Article 35(8) of that Order”,

 

(c)   

in subsection (6)—

 

(i)   

for the words from the beginning to “40(8) of that Act)”

 

substitute “Article 38 of that Order (including any provision

 

of that Article as applied by Article 41(8) of that Order)”,

 

(ii)   

for “subsection” in each place substitute “paragraph”,

 

(iii)   

in paragraph (e), for “subsections (7A), (7B) and (8)”

 

substitute “paragraph (8)”, and

 

(iv)   

in paragraph (f), in the inserted paragraph (10A) omit

 

“above”,

 

(d)   

for subsection (7) substitute—

 

“(7)   

Article 41 of that Order has effect as if in paragraphs (8) and

 

(9) of that Article after “(6)” there were inserted “and

 

(10A).”,

 

(e)   

in subsection (8)—

 

(i)   

for “Section 42 of that Act” substitute “Article 43 of that

 

Order”, and


 

(  17  )

 
 

(ii)   

for “subsection (1) of that section” substitute “paragraph (1)

 

of that Article”.

 

( )   

For section 81(1) substitute—

 

“(1)   

In relation to a person charged in accordance with section 80(4)—

 

(a)   

Article 39 of the 1989 Order (including any provision of that

 

Article as applied by Article 41(10) of that Order) has effect

 

as if, in paragraph (1), for “either on bail or without bail”

 

there were substituted “on bail”,

 

(b)   

Article 48 of that Order has effect as if for paragraphs (1) to

 

(11) there were substituted—

 

“(1)   

A person who is released on bail shall be subject to a duty to

 

appear before the Crown Court at such place as the custody

 

officer may appoint and at such time, not later than 24 hours

 

after the person is released, as that officer may appoint.

 

(2)   

The custody officer may require a person who is to be

 

released on bail to enter into a recognisance conditioned

 

upon his subsequent appearance before the Crown Court in

 

accordance with paragraph (1).

 

(3)   

A recognisance under paragraph (2) may be taken before

 

the custody officer.”, and

 

(c)   

Article 132A of the Magistrates Courts (Northern Ireland)

 

Order 1981 (S.I. 1981/1675 (N.I. 26)) does not apply.

 

( )   

In section 81(2)—

 

(a)   

for paragraph (b) substitute—

 

“(b)   

detained in a place of safety in pursuance of

 

arrangements made under Article 39(6) of the 1989

 

Order,”, and

 

(b)   

for “section 46 of the 1984 Act” substitute “Article 47 of the 1989

 

Order”.

 

( )   

In section 82(6) for “section 81(5) of the Supreme Court Act 1981” substitute

 

“section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23)”.

 

( )   

For section 83(4) substitute—

 

“(4)   

The court may at any time, as it sees fit, vary the conditions of bail

 

granted under this section.””

112

Page 60, line 17, at end insert—

 

“( )   

In section 86(3) after “enactment” insert “(including any provision of

 

Northern Ireland legislation)”.”

After Clause 89

113

Insert the following new Clause—

 

“Application of Criminal Appeal Acts to proceedings under Part 10

 

Subject to the provisions of this Part, the Secretary of State may make an

 

order containing provision, in relation to proceedings before the Court of

 

Appeal under this Part, which corresponds to any provision, in relation to


 

(  18  )

 
 

appeals or other proceedings before that court, which is contained in the

 

Criminal Appeal Act 1968 (c. 19) or the Criminal Appeal (Northern Ireland)

 

Act 1980 (c. 47) (subject to any specified modifications).”

Before Clause 90

114

Insert the following new Clause—

 

“Evidence of bad character

 

(1)   

The Police and Criminal Evidence Act 1984 (c. 60) (“the 1984 Act”) is

 

amended as follows.

 

(2)   

After section 82 of the 1984 Act (Part VIII—interpretation) insert—

 

“PART VIII A

 

EVIDENCE OF BAD CHARACTER

 

82A     

Bad character

 

References in this Part to evidence of a person’s bad character are

 

references to evidence which shows that—

 

(a)   

he has committed an offence, or

 

(b)   

he has behaved, or is disposed to behave, in a way that, in

 

the opinion of the court, would be viewed with disapproval

 

by a reasonable person.

 

82B     

Requirement of leave

 

(1)   

In criminal proceedings, evidence of a person’s bad character is

 

admissible only with leave of the court, unless the evidence—

 

(a)   

has to do with the alleged facts of the offence with which the

 

defendant is charged, or

 

(b)   

is evidence of misconduct in connection with the

 

investigation or prosecution of that offence.

 

(2)   

This section does not apply in relation to an item of evidence if—

 

(a)   

all parties to the proceedings agree to the evidence being

 

admissible, or

 

(b)   

in the case of evidence of the defendant’s bad character, the

 

evidence is adduced by the defendant himself or is given in

 

answer to a question asked by him in cross-examination and

 

intended to elicit it.

 

82C     

Non-defendant’s bad character

 

In the case of evidence of the bad character of a person other than

 

the defendant, the court is not to give leave under section 82B

 

unless the evidence falls within section 82D or 82E.

 

82D     

Evidence with explanatory value

 

Evidence falls within this section if—

 

(a)   

without it, the court or jury would find it impossible or

 

difficult properly to understand other evidence in the case,

 

and


 

(  19  )

 
 

(b)   

its value for understanding the case as a whole is

 

substantial.

 

82E     

Evidence going to a matter in issue

 

(1)   

Evidence falls within this section if it has substantial probative

 

value in relation to a matter which—

 

(a)   

is a matter in issue in the proceedings, and

 

(b)   

is of substantial importance in the context of the case as a

 

whole.

 

(2)   

In assessing the probative value of evidence for the purposes of this

 

section, the court must have regard to the following factors (and to

 

any others it considers relevant)—

 

(a)   

the nature and number of the events, or other things, to

 

which the evidence relates;

 

(b)   

when those events or things are alleged to have happened

 

or existed;

 

(c)   

where—

 

(i)   

the evidence is evidence of a person’s misconduct,

 

and

 

(ii)   

it is suggested that the evidence has probative value

 

by reason of similarity between that misconduct and

 

other alleged misconduct,

 

   

the nature and extent of the similarities and the

 

dissimilarities between each of the alleged instances of

 

misconduct;

 

(d)   

where—

 

(i)   

the evidence is evidence of a person’s misconduct,

 

(ii)   

it is suggested that that person is also responsible for

 

the misconduct charged, and

 

(iii)   

the identity of the person responsible for the

 

misconduct charged is disputed,

 

   

the extent to which the evidence shows or tends to show

 

that the same person was responsible each time.

 

(3)   

In subsection (2)(d) “misconduct charged” means the misconduct

 

constituting the offence with which the defendant is charged.

 

82F     

Defendant’s bad character

 

In the case of evidence of the defendant’s bad character, the court is

 

not to give leave under section 82B, unless the evidence falls within

 

section 82G, 82H, 82I, 82J or 82K.


 
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