Annex 1: Sub judice Resolution,
2001
Resolved,
That, subject to the discretion of the Chair, and to the right
of the House to legislate on any matter or to discuss any delegated
legislation, the House in all its proceedings (including proceedings
of committees of the House) shall apply the following rules on
matters sub judice:
(1) Cases in which proceedings are active in United
Kingdom courts shall not be referred to in any motion, debate
or question.
(a)(i) Criminal proceedings are active when a charge
has been made or a summons to appear has been issued, or, in Scotland,
a warrant to cite has been granted.
(ii) Criminal proceedings cease to be active when
they are concluded by verdict and sentence or discontinuance,
or, in cases dealt with by courts martial, after the conclusion
of the mandatory post-trial review.
(b)(i) Civil proceedings are active when arrangements
for the hearing, such as setting down a case for trial, have been
made, until the proceedings are ended by judgment or discontinuance.
(ii) Any application made in or for the purposes
of any civil proceedings shall be treated as a distinct proceeding.
(c) Appellate proceedings, whether criminal or civil,
are active from the time when they are commenced by application
for leave to appeal or by notice of appeal until ended by judgment
or discontinuance.
But where a ministerial decision is in question,
or in the opinion of the Chair a case concerns issues of national
importance such as the economy, public order or the essential
services, reference to the issues or the case may be made in motions,
debates or questions.
(2) Specific matters which the House has expressly
referred to any judicial body for decision and report shall not
be referred to in any motion, debate or question, from the time
when the Resolution of the House is passed until the report is
laid before the House.
(3) For the purposes of this Resolution—
(a) Matters before Coroners Courts or Fatal Accident
Inquiries shall be treated as matters within paragraph (1)(a);
(b) 'Motion' includes a motion for leave to bring
in a bill; and
(c) 'Question' includes a supplementary question.
15 November 2001
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