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78 | Page 42, line 32, leave out “59 or” |
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79 | Page 42, line 32, at end insert “(Appeals in respect of evidentiary rulings), (Condition |
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| that evidentiary ruling significantly weakens prosecution case) or (Expedited and non- |
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| |
80 | Page 42, line 33, leave out “in relation to a ruling” |
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81 | Page 42, line 33, leave out from first “Part” to end of line and insert— |
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| “(ba) | an appeal under Part 2 of the 1968 Act in relation to an appeal under |
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| |
82 | Page 42, line 35, leave out from second “to” to end of line 36 and insert “an appeal |
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| mentioned in paragraph (b) or (ba)” |
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83 | Page 42, line 37, leave out “who made the ruling” |
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84 | Page 42, line 39, leave out “59 or” |
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85 | Page 42, line 39, after “60,” insert “(Appeals in respect of evidentiary rulings), |
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| (Condition that evidentiary ruling significantly weakens prosecution case) or (Expedited |
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| and non-expedited appeals),” |
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86 | Page 43, line 27, leave out “59 or” |
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87 | Page 43, line 27, at end insert “(Appeals in respect of evidentiary rulings), (Condition |
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| that evidentiary ruling significantly weakens prosecution case) or (Expedited and non- |
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| |
88 | Page 43, line 28, leave out “in relation to a ruling” |
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89 | Page 43, line 28, leave out from first “Part” to end of line and insert— |
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| “(ba) | an appeal under Part 2 of the 1968 Act in relation to an appeal under |
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| |
90 | Page 43, line 30, leave out from second “to” to end of line 31 and insert “an appeal |
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| mentioned in paragraph (b) or (ba)” |
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|
91 | Insert the following new Clause— |
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| |
| (1) | Rules of court may make such provision as appears to the authority making |
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| them to be necessary or expedient for the purposes of this Part. |
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| (2) | Without limiting subsection (1), rules of court may in particular make |
|
| |
| (a) | for time limits which are to apply in connection with any provisions |
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| |
| (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 |
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| appeal under this Part or to exercise the power of the Court of |
|
| Appeal under section 58(8). |
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|
|
|
|
| (3) | Nothing in this section is to be taken as affecting the generality of any |
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| enactment conferring powers to make rules of court.” |
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|
92 | Page 45, line 16, at end insert— |
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| | ““qualifying evidentiary ruling” is to be construed in accordance with |
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| section (Appeals in respect of evidentiary rulings)(2), |
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| | “the relevant condition” is to be construed in accordance with section |
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| (Condition that evidentiary ruling significantly weakens prosecution |
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| |
93 | Page 45, leave out line 18 and insert— |
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| | ““ruling” includes a decision, determination, direction, finding, |
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| notice, order, refusal, rejection or requirement,” |
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94 | Page 45, line 19, at end insert— |
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| “(1A) | Any reference in this Part (other than section (Rules of court)(2)(c)) to a judge |
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| 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 |
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| 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) |
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|
96 | Page 47, line 12, leave out “and” |
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97 | Page 47, line 13, at end insert “, and |
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| “( ) | any trial pursuant to an order on the application would not be |
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| inconsistent with obligations of the United Kingdom under Article |
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| 31 or 34 of the Treaty on European Union relating to the principle |
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| |
|
98 | Insert the following new Clause— |
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| “Offences in connection with publication restrictions |
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| (1) | This section applies if— |
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| (a) | an order under section 76 is made, whether in England and Wales |
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| |
| (b) | while the order has effect, any matter is included in a publication, |
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| 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 |
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|
|
|
|
| (b) | any person having functions in relation to the programme |
|
| corresponding to those of an editor of a newspaper, |
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| |
| (4) | In the case of any other publication, any person publishing it is guilty of an |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (b) | in Northern Ireland otherwise than by or with the consent of— |
|
| (i) | before the relevant date, the Attorney General for Northern |
|
| |
| (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.” |
|
|
99 | Page 51, line 19, at end insert— |
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| “( ) | all the parties to the trial agree otherwise,” |
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|
100 | Page 52, line 22, leave out “and” |
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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 |
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| |
|
102 | Page 58, line 20, leave out from “(1),” to “may” in line 21 and insert “rules of court” |
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|
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|
103 | Page 58, line 22, leave out “75” and insert “76” |
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|
104 | Page 58, leave out lines 39 and 40 |
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105 | Page 59, line 5, leave out “1979 Act,” and insert “Customs and Excise Management |
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| |
106 | Page 59, line 7, after first ““officer”” insert “, except in section (Offences in connection |
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| with publication restrictions),” |
|
|
107 | Page 60, line 1, at end insert— |
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| “( ) | In section 76(10) after “enactment” in each place insert “(including any |
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| 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 |
|
| |
| (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— |
|
| |
| (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”, |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| |
| (i) | for “Section 42 of that Act” substitute “Article 43 of that |
|
| |
|
|
|
|
| (ii) | for “subsection (1) of that section” substitute “paragraph (1) |
|
| |
| ( ) | 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. |
|
| |
| (a) | for paragraph (b) substitute— |
|
| “(b) | detained in a place of safety in pursuance of |
|
| arrangements made under Article 39(6) of the 1989 |
|
| |
| (b) | for “section 46 of the 1984 Act” substitute “Article 47 of the 1989 |
|
| |
| ( ) | 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)”.” |
|
|
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 |
|
|
|
|
|
| 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).” |
|
|
114 | Insert the following new Clause— |
|
| “Evidence of bad character |
|
| (1) | The Police and Criminal Evidence Act 1984 (c. 60) (“the 1984 Act”) is |
|
| |
| (2) | After section 82 of the 1984 Act (Part VIII—interpretation) insert— |
|
| |
| EVIDENCE OF 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 |
|
| |
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| 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, |
|
| |
|
|
|
|
| (b) | its value for understanding the case as a whole is |
|
| |
| 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 |
|
| |
| (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 |
|
| |
| |
| (i) | the evidence is evidence of a person’s misconduct, |
|
| |
| (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 |
|
| |
| |
| (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. |
|
|