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Lord Goodhart: My Lords, I understand that Amendment No. 138 is in this group. It removes what we regard as the unfortunate distinction between the time for appeal that was allowed—
Baroness Scotland of Asthal: My Lords, my list shows Amendment No. 138 to be in the next group. I think that it has been listed in two groups, which is rather confusing. At the moment, it is in the next group.
Lord Goodhart: My Lords, in that case I shall not say anything further. My copy of the groupings indicates that it is only in this group.
On Question, amendment agreed to.
Baroness Scotland of Asthal moved Amendments Nos. 136 and 137:
- Page 37, line 19, leave out subsection (2) and insert—
On Question, amendments agreed to.
Clause 83 [Prosecution appeals from Court of Appeal]:
Baroness Scotland of Asthal moved Amendment No. 138:
The noble Baroness said: My Lords, Amendments Nos. 138, 143, 158 and 305 further protect the rights of defendants. They meet the concerns of the Joint Committee on Human Rights as well as those of a number of noble Lords who questioned the compatibility of Clause 83 with the European Convention on Human Rights. I believe the amendments address the issues raised in Committee. Unless noble Lords wish me to amplify the reasons for the new clause, I beg to move.
Lord Goodhart: My Lords, I am grateful to the Minister for tabling Amendment No. 138. It deals with a point raised originally by the Joint Committee on Human Rights and by an amendment which I moved in Committee. I am entirely happy with the current amendment.
On Question, amendment agreed to.
Clause 85 [Appeals to Courts-Martial Appeal Court: procedural directions]:
Baroness Scotland of Asthal moved Amendments Nos. 139 to 142:
On Question, amendments agreed to.
Clause 86 [Defence Council appeals from Courts-Martial Appeal Court]:
"(2) After section 31A of the 1968 Act insert—
"31B PROCEDURAL DIRECTIONS: POWERS OF SINGLE JUDGE AND REGISTRAR
(1) The power of the Court of Appeal to determine an application for procedural directions may be exercised by—
(a) a single judge, or
(b) the registrar.
(2) "Procedural directions" means directions for the efficient and effective preparation of—
(a) an application for leave to appeal, or
(b) an appeal,
to which this section applies.
(3) A single judge may give such procedural directions as he thinks fit—
(a) when acting under subsection (1);
(b) on a reference from the registrar;
(c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
(4) The registrar may give such procedural directions as he thinks fit—
(a) when acting under subsection (1);
(b) of his own motion.
(5) This section applies to an appeal, and an application to the Court of Appeal for leave to appeal, under—
(a) this Part,
(b) section 9 of the Criminal Justice Act 1987, or
(c) section 35 of the Criminal Procedure and Investigations Act 1996.
31C APPEALS AGAINST PROCEDURAL DIRECTIONS
(1) Subsection (2) applies if a single judge gives, or refuses to give, procedural directions.
(2) The Court of Appeal may, on an application to it under subsection (5)—
(a) confirm, set aside or vary any procedural directions given by the single judge, and
(b) give such procedural directions as it thinks fit.
(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.
(4) A single judge may, on an application to him under subsection (5)—
(a) confirm, set aside or vary any procedural directions given by the registrar, and
(b) give such procedural directions as he thinks fit.
(5) An application under this subsection may be made by—
(a) an appellant;
(b) a respondent, if the directions—
(i) relate to an application for leave to appeal and appear to need the respondent's assistance to give effect to them,
(ii) relate to an application for leave to appeal which is to be determined by the Court of Appeal, or
(iii) relate to an appeal.
(6) In this section—
"appellant" includes a person who has given notice of application for leave to appeal under any of the provisions mentioned in section 31B(5);
"respondent" includes a person who will be a respondent if leave to appeal is granted.""
Page 38, line 25, leave out "Section 31ZA of the 1968 Act applies" and insert "Sections 31B to 31C of the 1968 Act apply"
Leave out Clause 83 and insert the following new Clause—
"EXTENSION OF TIME FOR CRIMINAL APPEALS TO HOUSE OF LORDS
(1) Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications for leave to appeal to House of Lords) as follows.
(2) In subsection (1)—
(a) for "fourteen" (in both places) substitute "28", and
(b) for "date of the decision of that court" substitute "relevant date".
(3) After subsection (1) insert—
"(1A) In subsection (1), "the relevant date" means—
(a) the date of the decision of the court below, or
(b) if later, the date on which that court gives reasons for its decision."
(4) Amend section 34 of the 1968 Act (applications for leave to appeal to the House of Lords) as follows.
(5) In subsection (1)—
(a) for "fourteen" (in both places) substitute "28", and
(b) for "date of the decision of the Court" substitute "relevant date".
(6) After subsection (1) insert—
"(1A) In subsection (1), "the relevant date" means—
(a) the date of the Court of Appeal's decision, or
(b) if later, the date on which the Court gives reasons for its decision.""
Page 39, line 33, leave out "(2)" and insert "(1)"
Page 39, line 34, at end insert—
"and at the end of paragraph (f), omit "and".
( ) In section 36A of that Act (powers of the Appeal Court under Part 2 of that Act exercisable by registrar), in subsection (1), at the end of paragraph (b) insert "and—
(c) to make orders under section 28(1)(a).",.
and at the end of paragraph (a), omit "and"."
Page 39, line 35, leave out subsection (2) and insert—
"(2) After section 36A of that Act insert—
"36B PROCEDURAL DIRECTIONS: POWERS OF SINGLE JUDGE AND REGISTRAR
(1) The power of the Appeal Court to determine an application for procedural directions may be exercised by—
(a) a judge of the Appeal Court, or
(b) the registrar.
(2) "Procedural directions" means directions for the efficient and effective preparation of—
(a) an application for leave to appeal, or
(b) an appeal,
under this Part.
(3) A judge of the Appeal Court may give such procedural directions as he thinks fit—
(a) when acting under subsection (1);
(b) on a reference from the registrar;
(c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
(4) The registrar may give such procedural directions as he thinks fit—
(a) when acting under subsection (1);
(b) of his own motion.
36C APPEALS AGAINST PROCEDURAL DIRECTIONS
(1) Subsection (2) applies if a judge of the Appeal Court gives, or refuses to give, procedural directions.
(2) The Appeal Court may, on an application to it under subsection (5)—
(a) confirm, set aside or vary any procedural directions given by the judge, and
(b) give such procedural directions as it thinks fit.
(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.
(4) A judge of the Appeal Court may, on an application to him under subsection (5)—
(a) confirm, set aside or vary any procedural directions given by the registrar, and
(b) give such procedural directions as he thinks fit.
(5) An application under this subsection may be made by—
(a) an appellant;
(b) the Defence Council, if the directions—
(i) relate to an application for leave to appeal and appear to need the Defence Council's assistance to give effect to them,
(ii) relate to an application for leave to appeal which is to be determined by the Appeal Court, or
(iii) relate to an appeal.""
Page 40, line 30, leave out "Section 36ZA of that Act applies" and insert "Sections 36B to 36C of that Act apply"
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