(8-12)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  8  )

Clause 48
39
Leave out Clause 48
Clause 49
40
Leave out Clause 49
Clause 56
41
Leave out Clause 56
Clause 57
42
Page 39, line 5, leave out subsections (1) to (4) and insert—

“(1)
In relation to a trial on indictment, the prosecution is to have the rights of

appeal for which provision is made by this Part.

(2)
But the prosecution is to have no right of appeal under this Part in respect

of—

(a)
a ruling that a jury be discharged, or

(b)
a ruling from which an appeal lies to the Court of Appeal by virtue

of any other enactment.”
43
Page 39, line 23, leave out “who made the ruling”
44
Page 39, line 25, leave out subsections (7) to (9)
Clause 58
45
Page 39, line 39, leave out from “judge” to end of line 40 and insert “makes a ruling

in relation to a trial on indictment at an applicable time and the ruling relates to

one or more offences included in the indictment.

(1A)
The prosecution may appeal in respect of the ruling in accordance with this

section.”
46
Page 40, line 5, leave out “it requests such an adjournment” and insert “such an

adjournment is granted”
47
Page 40, line 8, leave out “must” and insert “may”
48
Page 40, line 13, at end insert—

“(5A)
Where—

(a)
the ruling is a ruling that there is no case to answer, and

(b)
the prosecution, at the same time that it informs the court in

accordance with subsection (3) that it intends to appeal, nominates

one or more other rulings which have been made by a judge in

relation to the trial on indictment at an applicable time and which

relate to the offence or offences which are the subject of the appeal,


that other ruling, or those other rulings, are also to be treated as the subject

of the appeal.

(5B)
The prosecution may not inform the court in accordance with subsection

(3) that it intends to appeal, unless, at or before that time, it informs the

court that it agrees that, in respect of the offence or each offence which is

(  9  )

the subject of the appeal, the defendant in relation to that offence should be

acquitted of that offence if either of the conditions mentioned in subsection

(5C) is fulfilled.

(5C)
Those conditions are—

(a)
that leave to appeal to the Court of Appeal is not obtained, and

(b)
that the appeal is abandoned before it is determined by the Court of

Appeal.”
49
Page 40, line 15, after “ruling” insert “mentioned in subsection (1)”
50
Page 40, line 19, leave out “and”
51
Page 40, line 20, at end insert “and

(c)
if he does so, any such steps are also to have no effect.”
52
Page 40, line 20, at end insert—

“(8)
Where the prosecution has informed the court of its agreement under

subsection (5B) and either of the conditions mentioned in subsection (5C)

is fulfilled, the judge or the Court of Appeal must order that the defendant

in relation to the offence or each offence concerned be acquitted of that

offence.

(9)
In this section “applicable time”, in relation to a trial on indictment, means

any time (whether before or after the commencement of the trial) before the

start of the judge’s summing-up to the jury.”
Clause 59
53
Leave out Clause 59
Clause 60
54
Page 41, line 4, leave out “or 59(2)”
55
Page 41, line 5, leave out “against a ruling”
Clause 61
56
Page 41, line 17, leave out “or 59(2)”
57
Page 41, line 17, leave out “against a ruling”
Clause 62
58
Page 41, line 21, leave out “this Part” and insert “section 58”
59
Page 41, leave out line 22 and insert “any ruling to which the appeal relates”
60
Page 41, line 22, at end insert—

“(1A)
Subsections (2) to (4) apply where the appeal relates to a single ruling.”
61
Page 41, line 23, leave out “a” and insert “the”
62
Page 41, line 25, leave out first “the” and insert “that”
63
Page 41, line 25, leave out second “the” and insert “that”

(  10  )
64
Page 41, line 26, leave out “a” and insert “the”
65
Page 41, line 29, leave out first “the” and insert “that”
66
Page 41, line 31, leave out “fresh proceedings may be instituted” and insert “a fresh

trial may take place”
67
Page 41, line 32, leave out “the” and insert “that”
68
Page 41, line 33, leave out second “the” and insert “that”
69
Page 41, line 33, leave out third “the” and insert “that”
70
Page 41, line 37, at end insert—

“(4A)
Subsections (4B) and (4C) apply where the appeal relates to a ruling that

there is no case to answer and one or more other rulings.

(4B)
Where the Court of Appeal confirms the ruling that there is no case to

answer, it must, in respect of the offence or each offence which is the subject

of the appeal, order that the defendant in relation to that offence be

acquitted of that offence.

(4C)
Where the Court of Appeal reverses or varies the ruling that there is no case

to answer, it must in respect of the offence or each offence which is the

subject of the appeal, make any of the orders mentioned in subsection (3)(a)

to (c) (but subject to subsection (4)).”
71
Page 41, line 38, leave out subsection (5)
After Clause 62
72
Insert the following new Clause—

“Appeals in respect of evidentiary rulings

(1)
The prosecution may, in accordance with this section and section (Condition

that evidentiary ruling significantly weakens prosecution case), appeal in respect

of—

(a)
a single qualifying evidentiary ruling, or

(b)
two or more qualifying evidentiary rulings.

(2)
A “qualifying evidentiary ruling” is an evidentiary ruling of a judge in

relation to a trial on indictment which is made at any time (whether before

or after the commencement of the trial) before the opening of the case for

the defence.

(3)
The prosecution may not appeal in respect of a single qualifying

evidentiary ruling unless the ruling relates to one or more qualifying

offences (whether or not it relates to any other offence).

(4)
The prosecution may not appeal in respect of two or more qualifying

evidentiary rulings unless each ruling relates to one or more qualifying

offences (whether or not it relates to any other offence).

(5)
If the prosecution intends to appeal under this section, it must before the

opening of the case for the defence inform the court—

(a)
of its intention to do so, and

(b)
of the ruling or rulings to which the appeal relates.

(  11  )

(6)
In respect of the ruling, or each ruling, to which the appeal relates—

(a)
the qualifying offence, or at least one of the qualifying offences, to

which the ruling relates must be the subject of the appeal, and

(b)
any other offence to which the ruling relates may, but need not, be

the subject of the appeal.

(7)
The prosecution must, at the same time that it informs the court in

accordance with subsection (5), inform the court of the offence or offences

which are the subject of the appeal.

(8)
For the purposes of this section, the case for the defence opens when, after

the conclusion of the prosecution evidence, the earliest of the following

events occurs—

(a)
evidence begins to be adduced by or on behalf of a defendant,

(b)
it is indicated to the court that no evidence will be adduced by or on

behalf of a defendant,

(c)
a defendant’s case is opened, as permitted by section 2 of the

Criminal Procedure Act 1865 (c. 18).

(9)
In this section—


“evidentiary ruling” means a ruling which relates to the admissibility

or exclusion of any prosecution evidence,


“qualifying offence” means an offence described in Part 1 of Schedule

(Qualifying offences for the purposes of section (Appeals in respect of

evidentiary rulings)).

(10)
The Secretary of State may by order amend that Part by doing any one or

more of the following—

(a)
adding a description of offence,

(b)
removing a description of offence for the time being included,

(c)
modifying a description of offence for the time being included.

(11)
Nothing in this section affects the right of the prosecution to appeal in

respect of an evidentiary ruling under section 58.”
73
Insert the following new Clause—

“Condition that evidentiary ruling significantly weakens prosecution case

(1)
Leave to appeal may not be given in relation to an appeal under section

(Appeals in respect of evidentiary rulings) unless the judge or, as the case may

be, the Court of Appeal is satisfied that the relevant condition is fulfilled.

(2)
In relation to an appeal in respect of a single qualifying evidentiary ruling,

the relevant condition is that the ruling significantly weakens the

prosecution’s case in relation to the offence or offences which are the

subject of the appeal.

(3)
In relation to an appeal in respect of two or more qualifying evidentiary

rulings, the relevant condition is that the rulings taken together

significantly weaken the prosecution’s case in relation to the offence or

offences which are the subject of the appeal.”
74
Insert the following new Clause—

(  12  )

“Expedited and non-expedited appeals

(1)
Where the prosecution informs the court in accordance with section

(Appeals in respect of evidentiary rulings)(5), the judge must decide whether

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

(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).”
75
Insert the following new Clause—

“Continuation of proceedings for offences not affected by ruling

(1)
This section applies where the prosecution informs the court in accordance

with section (Appeals in respect of evidentiary rulings)(5).

(2)
Proceedings may be continued in respect of any offence which is not the

subject of the appeal.”
76
Insert the following new Clause—

“Determination of appeal by Court of Appeal

(1)
On an appeal under section (Appeals in respect of evidentiary rulings), the

Court of Appeal may confirm, reverse or vary any ruling to which the

appeal relates.

(2)
In addition, the Court of Appeal 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 that offence be resumed in the Crown

Court,

(b)
order that a fresh trial may take place in the Crown Court for that

offence,

(c)
order that the defendant in relation to that offence be acquitted of

that offence.

(3)
But no order may be made under subsection (2)(c) in respect of an offence

unless the prosecution has indicated that it does not intend to continue

with the prosecution of that offence.”
77
Insert the following new Clause—

“Reversal of rulings

The Court of Appeal may not reverse a ruling on an appeal under this Part

unless it is satisfied—

(a)
that the ruling was wrong in law,

(b)
that the ruling involved an error of law or principle, or

(c)
that the ruling was a ruling that it was not reasonable for the judge

to have made.”