Memorandum by the Home Office
CRIMINAL PROCEDURE AND
INVESTIGATIONS ACT 1996 (PREPARATORY HEARINGS) (INTERLOCUTORY
APPEALS) RULES 1997 (S.I. 1997/1053)
1. This memorandum is submitted in response to a letter of
2 July from the Clerk of the Committee to the Lord Chancellor's
Department. The memorandum has been prepared by the Home Office
as the Department responsible for drafting the above instrument.
2. The Committee has requested a memorandum in respect of
the above instrument on the following point:
Rules 3(2) and 3(3)(c) require the appellant in certain
cases to serve notice on "all parties to the preparatory
hearing directly affected" by the ruling. Rule 4(1) requires
the respondent to serve a copy of a notice on the "appellant
and other party to the proceedings directly affected by the ruling".
Explain what is meant by a party directly affected by the ruling,
and why rules 10(1)(b) and 12(2)(b) refer to any other "person"
(in addition to the appellant and respondent) who is directly
affected by the ruling.
3. As to the meaning of a "party directly affected by
the ruling", the above instrument was drafted so as broadly
to mirror the Criminal Justice Act 1987 (Preparatory Hearings)
(Interlocutory Appeals) Rules 1988 (S.I. 1988/1700) which
set out the procedure applicable to an appeal from the order or
ruling of a judge under section 9(3)(b) or (c) of the Criminal
Justice Act 1987 made at a preparatory hearing in a case of serious
or complex fraud. Rules 3(2) and 3(3)(c) of those Rules refer
to "parties directly affected" by the order or ruling.
4. The expression "party directly affected by the ruling"
is intended to refer to a party who is affected by the ruling
of the Crown Court judge (as to the admissibility of evidence
or a point of law), in the sense that the ruling construes the
law applying to the criminal charge in question or the evidence
which may presented in connection with that charge. There may
be other parties to the criminal proceedings who are affected
by the ruling in the sense that it will influence the length
of the trial or the way in which the trial will be managed, but
who are not affected in the sense referred to in the last sentence.
It is intended that such persons will not fall within the expression
"party directly affected by the ruling".
5. Concerning the reference in rules 10(1)(b) and 12(2)(b)
to a "person" who is directly affected by the ruling,
it is accepted that there is a discrepancy between this reference
and the reference to a "party" directly affected in
rules 3(2), 3(3)(c) and 4(1). The discrepancy is regretted and
steps will be taken to amend rules 10(1)(b) and 12(2)(b) at the
next available opportunity.
8th July 1997