After section 6D of the 1996 Act (inserted by section 35 above) there is inserted—
Disclosure by accused: further provisions
6E (1) Where an accused’s solicitor purports to give on behalf of the accused—
(a) a defence statement under section 5, 6 or 6B, or
(b) a statement of the kind mentioned in section 6B(4),
the statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
(2) If it appears to the judge at a pre-trial hearing that an accused has failed to comply fully with section 5, 6B or 6C, so that there is a possibility of comment being made or inferences drawn under section 11(5), he shall warn the accused accordingly.
(3) In subsection (2) “pre-trial hearing” has the same meaning as in Part 4 (see section 39).
(4) The judge in a trial before a judge and jury—
(a) may direct that the jury be given a copy of any defence statement, and
(b) if he does so, may direct that it be edited so as not to include references to matters evidence of which would be inadmissible.
(5) A direction under subsection (4)—
(a) may be made either of the judge’s own motion or on the application of any party;
(b) may be made only if the judge is of the opinion that seeing a copy of the defence statement would help the jury to understand the case or to resolve any issue in the case.
(6) The reference in subsection (4) to a defence statement is a reference—
(a) where the accused has given only an initial defence statement (that is, a defence statement given under section 5 or 6), to that statement;
(b) where he has given both an initial defence statement and an updated defence statement (that is, a defence statement given under section 6B), to the updated defence statement;
(c) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement.
Before section 8 of the 1996 Act there is inserted—
Continuing duty of prosecutor to disclose
7A (1) This section applies at all times—
(a) after the prosecutor has complied with section 3 or purported to comply with it, and
(b) before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.
(2) The prosecutor must keep under review the question whether at any given time (and, in particular, following the giving of a defence statement) there is prosecution material which—
(a) might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, and
(b) has not been disclosed to the accused.
(3) If at any time there is any such material as is mentioned in subsection (2) the prosecutor must disclose it to the accused as soon as is reasonably practicable (or within the period mentioned in subsection (5)(a), where that applies).
(4) In applying subsection (2) by reference to any given time the state of affairs at that time (including the case for the prosecution as it stands at that time) must be taken into account.
(5) Where the accused gives a defence statement under section 5, 6 or 6B—
(a) if as a result of that statement the prosecutor is required by this section to make any disclosure, or further disclosure, he must do so during the period which, by virtue of section 12, is the relevant period for this section;
(b) if the prosecutor considers that he is not so required, he must during that period give to the accused a written statement to that effect.
(6) For the purposes of this section prosecution material is material—
(a) which is in the prosecutor’s possession and came into his possession in connection with the case for the prosecution against the accused, or
(b) which, in pursuance of a code operative under Part 2, he has inspected in connection with the case for the prosecution against the accused.
(7) Subsections (3) to (5) of section 3 (method by which prosecutor discloses) apply for the purposes of this section as they apply for the purposes of that.
(8) Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.
(9) Material must not be disclosed under this section to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23).
In section 8 of the 1996 Act (application by accused for disclosure), for subsections (1) and (2) there is substituted—
(1) This section applies where the accused has given a defence statement under section 5, 6 or 6B and the prosecutor has complied with section 7A(5) or has purported to comply with it or has failed to comply with it.
(2) If the accused has at any time reasonable cause to believe that there is prosecution material which is required by section 7A to be disclosed to him and has not been, he may apply to the court for an order requiring the prosecutor to disclose it to him.
For section 11 of the 1996 Act there is substituted—
Faults in disclosure by accused
11 (1) This section applies in the three cases set out in subsections (2), (3) and (4).
(2) The first case is where section 5 applies and the accused—
(a) fails to give an initial defence statement,
(b) gives an initial defence statement but does so after the end of the period which, by virtue of section 12, is the relevant period for section 5,
(c) is required by section 6B to give either an updated defence statement or a statement of the kind mentioned in subsection (4) of that section but fails to do so,
(d) gives an updated defence statement or a statement of the kind mentioned in section 6B(4) but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6B,
(e) sets out inconsistent defences in his defence statement, or
(f) at his trial—
(i) puts forward a defence which was not mentioned in his defence statement or is different from any defence set out in that statement,
(ii) relies on a matter which, in breach of the requirements imposed by or under section 6A, was not mentioned in his defence statement,
(iii) adduces evidence in support of an alibi without having given particulars of the alibi in his defence statement, or
(iv) calls a witness to give evidence in support of an alibi without having complied with section 6A(2)(a) or (b) as regards the witness in his defence statement.
(3) The second case is where section 6 applies, the accused gives an initial defence statement, and the accused—
(a) gives the initial defence statement after the end of the period which, by virtue of section 12, is the relevant period for section 6, or
(b) does any of the things mentioned in paragraphs (c) to (f) of subsection (2).
(4) The third case is where the accused—
(a) gives a witness notice but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6C, or
(b) at his trial calls a witness (other than himself) not included, or not adequately identified, in a witness notice.
(5) Where this section applies—
(a) the court or any other party may make such comment as appears appropriate;
(b) the court or jury may draw such inferences as appear proper in deciding whether the accused is guilty of the offence concerned.
(6) Where—
(a) this section applies by virtue of subsection (2)(f)(ii) (including that provision as it applies by virtue of subsection (3)(b)), and
(b) the matter which was not mentioned is a point of law (including any point as to the admissibility of evidence or an abuse of process) or an authority,
comment by another party under subsection (5)(a) may be made only with the leave of the court.
(7) Where this section applies by virtue of subsection (4), comment by another party under subsection (5)(a) may be made only with the leave of the court.
(8) Where the accused puts forward a defence which is different from any defence set out in his defence statement, in doing anything under subsection (5) or in deciding whether to do anything under it the court shall have regard—
(a) to the extent of the differences in the defences, and
(b) to whether there is any justification for it.
(9) Where the accused calls a witness whom he has failed to include, or to identify adequately, in a witness notice, in doing anything under subsection (5) or in deciding whether to do anything under it the court shall have regard to whether there is any justification for the failure.
(10) A person shall not be convicted of an offence solely on an inference drawn under subsection (5).
(11) Where the accused has given a statement of the kind mentioned in section 6B(4), then, for the purposes of subsections (2)(f)(ii) and (iv), the question as to whether there has been a breach of the requirements imposed by or under section 6A or a failure to comply with section 6A(2)(a) or (b) shall be determined—
(a) by reference to the state of affairs at the time when that statement was given, and
(b) as if the defence statement was given at the same time as that statement.
(12) In this section—
(a) “initial defence statement” means a defence statement given under section 5 or 6;
(b) “updated defence statement” means a defence statement given under section 6B;
(c) a reference simply to an accused’s “defence statement” is a reference—
(i) where he has given only an initial defence statement, to that statement;
(ii) where he has given both an initial and an updated defence statement, to the updated defence statement;
(iii) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement;
(d) a reference to evidence in support of an alibi shall be construed in accordance with section 6A(3);
(e) “witness notice” means a notice given under section 6C.
40 Code of practice for police interviews of witnesses notified by accused
In Part 1 of the 1996 Act after section 21 there is inserted—
Code of practice for police interviews of witnesses notified by accused
21A (1) The Secretary of State shall prepare a code of practice which gives guidance to police officers, and other persons charged with the duty of investigating offences, in relation to the arranging and conducting of interviews of persons—
(a) particulars of whom are given in a defence statement in accordance with section 6A(2), or
(b) who are included as proposed witnesses in a notice given under section 6C.
(2) The code must include (in particular) guidance in relation to—
(a) information that should be provided to the interviewee and the accused in relation to such an interview;
(b) the notification of the accused’s solicitor of such an interview;
(c) the attendance of the interviewee’s solicitor at such an interview;
(d) the attendance of the accused’s solicitor at such an interview;
(e) the attendance of any other appropriate person at such an interview taking into account the interviewee’s age or any disability of the interviewee.
(3) Any police officer or other person charged with the duty of investigating offences who arranges or conducts such an interview shall have regard to the code.
(4) In preparing the code, the Secretary of State shall consult—
(a) to the extent the code applies to England and Wales—
(i) any person who he considers to represent the interests of chief officers of police;
(ii) the General Council of the Bar;
(iii) the Law Society of England and Wales;
(iv) the Institute of Legal Executives;
(b) to the extent the code applies to Northern Ireland—
(i) the Chief Constable of the Police Service of Northern Ireland;
(ii) the General Council of the Bar of Northern Ireland;
(iii) the Law Society of Northern Ireland;
(c) such other persons as he thinks fit.
(5) The code shall not come into operation until the Secretary of State by order so provides.
(6) The Secretary of State may from time to time revise the code and subsections (4) and (5) shall apply to a revised code as they apply to the code as first prepared.
(7) An order bringing the code into operation may not be made unless a draft of the order has been laid before each House of Parliament and approved by a resolution of each House.
(8) An order bringing a revised code into operation shall be laid before each House of Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.
(9) When an order or a draft of an order is laid in accordance with subsection (7) or (8), the code to which it relates shall also be laid.
(10) No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.
(11) A failure by a person mentioned in subsection (3) to have regard to any provision of a code for the time being in operation by virtue of an order under this section shall not in itself render him liable to any criminal or civil proceedings.
(12) In all criminal and civil proceedings a code in operation at any time by virtue of an order under this section shall be admissible in evidence.
(13) If it appears to a court or tribunal conducting criminal or civil proceedings that—
(a) any provision of a code in operation at any time by virtue of an order under this section, or
(b) any failure mentioned in subsection (11),
is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question.
41 Allocation of offences triable either way, and sending cases to Crown Court
Schedule 3 (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court) shall have effect.
42 Mode of trial for certain firearms offences: transitory arrangements
(1) The Magistrates' Courts Act 1980 is amended as follows.
(2) In section 24 (summary trial of information against child or young person for indictable offence)—
(a) in subsection (1), for “homicide” there is substituted “ one falling within subsection (1B) below ”,
(b) in subsection (1A)(a), for “of homicide” there is substituted “ falling within subsection (1B) below ”,
(c) after subsection (1A), there is inserted—
(1B) An offence falls within this subsection if—
(a) it is an offence of homicide; or
(b) each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to—
(i) the offence; and
(ii) the person charged with it,
if he were convicted of the offence.
(3) In section 25 (power to change from summary trial to committal proceedings and vice versa), in subsection (5), for “homicide” there is substituted “ one falling within section 24(1B) above ”.
44 Application by prosecution for trial to be conducted without a jury where danger of jury tampering
(1) This section applies where one or more defendants are to be tried on indictment for one or more offences.
(2) The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury.
(3) If an application under subsection (2) is made and the judge is satisfied that both of the following two conditions are fulfilled, he must make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.
(4) The first condition is that there is evidence of a real and present danger that jury tampering would take place.
(5) The second condition is that, notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would take place would be so substantial as to make it necessary in the interests of justice for the trial to be conducted without a jury.
(6) The following are examples of cases where there may be evidence of a real and present danger that jury tampering would take place—
(a) a case where the trial is a retrial and the jury in the previous trial was discharged because jury tampering had taken place,
(b) a case where jury tampering has taken place in previous criminal proceedings involving the defendant or any of the defendants,
(c) a case where there has been intimidation, or attempted intimidation, of any person who is likely to be a witness in the trial.
45 Procedure for applications under sections 43 and section44
(1) This section applies—
(a) to an application under section 43, and
(b) to an application under section 44.
(2) An application to which this section applies must be determined at a preparatory hearing (within the meaning of the 1987 Act or Part 3 of the 1996 Act).
(3) The parties to a preparatory hearing at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.
(4) In section 7(1) of the 1987 Act (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—
(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,
(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,
(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies,
.
(5) In section 9(11) of that Act (appeal to Court of Appeal) after “above,” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application, ”.
(6) In section 29 of the 1996 Act (power to order preparatory hearing) after subsection (1) there is inserted—
(1A) A judge of the Crown Court may also order that a preparatory hearing shall be held if an application to which section 45 of the Criminal Justice Act 2003 applies (application for trial without jury) is made.
(7) In subsection (2) of that section (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—
(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,
(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,
(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies,
.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) In section 35(1) of that Act (appeal to Court of Appeal) after “31(3),” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application, ”.
(10) In this section—
“the 1987 Act” means the Criminal Justice Act 1987 (c. 38),
“the 1996 Act” means the Criminal Procedure and Investigations Act 1996 (c. 25).
(1) This section applies where—
(a) a judge is minded during a trial on indictment to discharge the jury, and
(b) he is so minded because jury tampering appears to have taken place.
(2) Before taking any steps to discharge the jury, the judge must—
(a) inform the parties that he is minded to discharge the jury,
(b) inform the parties of the grounds on which he is so minded, and
(c) allow the parties an opportunity to make representations.
(3) Where the judge, after considering any such representations, discharges the jury, he may make an order that the trial is to continue without a jury if, but only if, he is satisfied—
(a) that jury tampering has taken place, and
(b) that to continue the trial without a jury would be fair to the defendant or defendants;
but this is subject to subsection (4).
(4) If the judge considers that it is necessary in the interests of justice for the trial to be terminated, he must terminate the trial.
(5) Where the judge terminates the trial under subsection (4), he may make an order that any new trial which is to take place must be conducted without a jury if he is satisfied in respect of the new trial that both of the conditions set out in section 44 are likely to be fulfilled.
(6) Subsection (5) is without prejudice to any other power that the judge may have on terminating the trial.
(7) Subject to subsection (5), nothing in this section affects the application of section 43 or 44 in relation to any new trial which takes place following the termination of the trial.
(1) An appeal shall lie to the Court of Appeal from an order under section 46(3) or (5).
(2) Such an appeal may be brought only with the leave of the judge or the Court of Appeal.
(3) An order from which an appeal under this section lies is not to take effect—
(a) before the expiration of the period for bringing an appeal under this section, or
(b) if such an appeal is brought, before the appeal is finally disposed of or abandoned.
(4) On the termination of the hearing of an appeal under this section, the Court of Appeal may confirm or revoke the order.
(5) Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—
(a) the jurisdiction of the Court of Appeal under this section is to be exercised by the criminal division of that court, and
(b) references in this section to the Court of Appeal are to be construed as references to that division.
(6) In section 33(1) of the Criminal Appeal Act 1968 (c. 19) (right of appeal to House of Lords) after “1996” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.
(7) In section 36 of that Act (bail on appeal by defendant) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.
(8) The Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this section, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (subject to any specified modifications).
(1) The effect of an order under section 43, 44 or 46(5) is that the trial to which the order relates is to be conducted without a jury.
(2) The effect of an order under section 46(3) is that the trial to which the order relates is to be continued without a jury.
(3) Where a trial is conducted or continued without a jury, the court is to have all the powers, authorities and jurisdiction which the court would have had if the trial had been conducted or continued with a jury (including power to determine any question and to make any finding which would be required to be determined or made by a jury).
(4) Except where the context otherwise requires, any reference in an enactment to a jury, the verdict of a jury or the finding of a jury is to be read, in relation to a trial conducted or continued without a jury, as a reference to the court, the verdict of the court or the finding of the court.
(5) Where a trial is conducted or continued without a jury and the court convicts a defendant—
(a) the court must give a judgment which states the reasons for the conviction at, or as soon as reasonably practicable after, the time of the conviction, and
(b) the reference in section 18(2) of the Criminal Appeal Act 1968 (c. 19) (notice of appeal or of application for leave to appeal to be given within 28 days from date of conviction etc) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).
(6) Nothing in this Part affects the requirement under section 4A of the Criminal Procedure (Insanity) Act 1964 that any question, finding or verdict mentioned in that section be determined, made or returned by a jury.
(1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
(2) Without limiting subsection (1), rules of court may in particular make provision for time limits within which applications under this Part must be made or within which other things in connection with this Part must be done.
(3) Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.
(1) In its application to Northern Ireland this Part is to have effect—
(a) subject to subsection (2), and
(b) subject to the modifications in subsections (3) to (16).
(2) This Part does not apply in relation to a trial to which section 75 of the Terrorism Act 2000 (c. 11) (trial without jury for certain offences) applies.
(3) For section 45 substitute—
Procedure for applications under sections 43 and 44
45 (1) This section applies—
(a) to an application under section 43, and
(b) to an application under section 44.
(2) An application to which this section applies must be determined—
(a) at a preparatory hearing (within the meaning of the 1988 Order), or
(b) at a hearing specified in, or for which provision is made by, Crown Court rules.
(3) The parties to a hearing mentioned in subsection (2) at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.
(4) In Article 6(1) of the 1988 Order (which sets out the purposes of preparatory hearings) for sub-paragraphs (a) to (c) there is substituted—
(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial;
(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them;
(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies; or
.
(5) In Article 8(11) of the 1988 Order (appeal to Court of Appeal) after “(3),” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application, ”.
(6) In this section “the 1988 Order” means the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988.
(4) For section 47(1) substitute—
(1) An appeal shall lie to the Court of Appeal—
(a) from the refusal by a judge at a hearing mentioned in section 45(2)(b) of an application to which section 45 applies or from an order of a judge at such a hearing under section 43 or 44 which is made on the determination of such an application,
(b) from an order under section 46(3) or (5).
(5) In section 47(3) after “order” insert “ or a refusal of an application ”.
(6) In section 47(4) for “confirm or revoke the order” substitute—
(a) where the appeal is from an order, confirm or revoke the order, or
(b) where the appeal is from a refusal of an application, confirm the refusal or make the order which is the subject of the application
.
(7) Omit section 47(5).
(8) For section 47(6) substitute—
(6) In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to Supreme Court) after “1988” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.
(9) For section 47(7) substitute—
(7) In section 35 of that Act (bail) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.
(10) In section 47(8)
(a) for “Secretary of State” substitute Department of Justice in Northern Ireland; and
(b) for “Criminal Appeal Act 1968” substitute “ Criminal Appeal (Northern Ireland) Act 1980 ”.
(11) In section 48(4) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.
(12) For section 48(5)(b) substitute—
(b) the reference in section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (notice of appeal or application for leave) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).
(13) In section 48(6)—
(a) for “section 4A of the Criminal Procedure (Insanity) Act 1964” substitute Article 49A of the Mental Health (Northern Ireland) Order 1986, and
(b) for “that section” substitute that Article.
(14) After section 48 insert—
Reporting restrictions
48A (1) Sections 41 and 42of the Criminal Procedure and Investigations Act 1996 (c. 25) are to apply in relation to—
(a) a hearing of the kind mentioned in section 45(2)(b), and
(b) any appeal or application for leave to appeal relating to such a hearing,
as they apply in relation to a ruling under section 40 of that Act, but subject to the following modifications.
(2) Section 41(2) of that Act is to have effect as if for paragraphs (a) to (d) there were substituted—
(a) a hearing of the kind mentioned in section 45(2)(b) of the Criminal Justice Act 2003;
(b) any appeal or application for leave to appeal relating to such a hearing.
(3) Section 41(3) of that Act is to have effect as if—
(a) for “(2)” there were substituted “ (2)(a) or an application to that judge for leave to appeal to the Court of Appeal ”, and
(b) after “matter” in the second place where it occurs there were inserted “ or application ”.
(4) Section 41 of that Act is to have effect as if after subsection (3) there were inserted—
(3A) The Court of Appeal may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—
(a) an appeal to that Court, or
(b) an application to that Court for leave to appeal.
(3B) The Supreme Court may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—
(a) an appeal to the Supreme Court , or
(b) an application to the Supreme Court for leave to appeal.
(5) Section 41(4) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the Supreme Court ”.
(6) Section 41(5) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the Supreme Court ”.
(15) For section 49(2) substitute—
(2) Without limiting subsection (1), rules of court may in particular make provision—
(a) for time limits within which applications under this Part must be made or within which other things in connection with this Part must be done;
(b) in relation to hearings of the kind mentioned in section 45(2)(b) and appeals under section 47.
(16) In section 49(3)—
(a) after “section” insert “ or section 45(2)(b) ”, and
(b) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.
51 Directions for live links in criminal proceedings
(1) The court may, by a direction, require or permit a person to take part in eligible criminal proceedings through—
(a) a live audio link, or
(b) a live video link.
(2) A direction under this section may be given in relation to a member of a jury only if the direction requires all members of the jury to take part through a live video link while present at the same place.
(3) In this Part “eligible criminal proceedings” means—
(a) a preliminary hearing (see section 56(1)),
(b) a summary trial,
(c) a criminal appeal to the Crown Court and any proceedings that are preliminary or incidental to such an appeal,
(d) a trial on indictment or any other trial in the Crown Court for an offence,
(e) proceedings under section 4A or 5 of the Criminal Procedure (Insanity) Act 1964,
(f) proceedings under Part 3 of the Mental Health Act 1983,
(g) proceedings under—
(i) section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, or
(ii) section 81(1)(g) of the Senior Courts Act 1981 or section 16 of this Act in respect of a person who has been remanded by a magistrates’ court on adjourning a case under that section of the 2000 Act,
(h) an appeal to the criminal division of the Court of Appeal and any proceedings that are preliminary or incidental to such an appeal,
(i) a reference to the Court of Appeal by the Attorney General under Part 4 of the Criminal Justice Act 1988 and any proceedings that are preliminary or incidental to such a reference,
(j) the hearing of a reference under section 9 or 11 of the Criminal Appeal Act 1995 and any proceedings that are preliminary or incidental to such a hearing,
(k) a hearing before a magistrates’ court or the Crown Court which is held after the defendant has entered a plea of guilty,
(l) a hearing under section 142(1) or (2) of the Magistrates’ Courts Act 1980,
(m) a hearing before the Court of Appeal under section 80 of this Act and any proceedings that are preliminary or incidental to such a hearing,
(n) any hearing following conviction held for the purpose of making a decision about bail in respect of the person convicted,
(o) a sentencing hearing (see section 56(1)), or
(p) an enforcement hearing (see section 56(1)).
(4) The court may not give a direction under this section unless—
(a) the court is satisfied that it is in the interests of justice for the person to whom the direction relates to take part in the proceedings in accordance with the direction through the live audio link or live video link,
(b) the parties to the proceedings have been given the opportunity to make representations, and
(c) if so required by section 52(9), the relevant youth offending team has been given the opportunity to make representations.
(5) In deciding whether to give a direction under this section, the court must consider—
(a) any guidance given by the Lord Chief Justice, and
(b) all the circumstances of the case.
(6) Those circumstances include in particular—
(a) the availability of the person to whom the direction would relate,
(b) any need for that person to attend in person,
(c) the views of that person,
(d) the suitability of the facilities at the place where that person would take part in the proceedings in accordance with the direction,
(e) whether that person would be able to take part in the proceedings effectively if the person took part in accordance with the direction,
(f) in the case of a direction relating to a witness—
(i) the importance of the witness’s evidence to the proceedings, and
(ii) whether the direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence, and
(g) the arrangements that would or could be put in place for members of the public to see or hear the proceedings as conducted in accordance with the direction.
52 Further provision about the effect of live-link directions
(1) The power conferred by section 51 includes power to give—
(a) a direction that is applicable to several, or all, of the persons taking part in particular eligible criminal proceedings;
(b) a direction that is applicable to a particular person in respect of only some aspects of particular eligible criminal proceedings (such as giving evidence or attending the proceedings when not giving evidence);
(c) a direction requiring or permitting a person who is outside England and Wales (whether in the United Kingdom or elsewhere) to take part in eligible criminal proceedings through a live audio link or a live video link.
(2) The court may vary or rescind a direction under section 51 at any time before or during the eligible criminal proceedings to which it relates (but this does not affect the court’s power to give a further direction under that section in relation to the proceedings).
(3) A direction under section 51 may not be rescinded unless—
(a) the court is satisfied that it is in the interests of justice for the direction to be rescinded,
(b) the parties to the proceedings have been given the opportunity to make representations, and
(c) if so required by subsection (9), the relevant youth offending team has been given the opportunity to make representations.
(4) In relation to the variation of a direction given under section 51—
(a) so far as the effect of the variation would be to allow a person to take part in eligible criminal proceedings through a live audio link or a live video link, or to alter (without removing) a person’s ability to do so, sections 51(4) and 53(1) to (3) apply as they apply to the giving of a direction;
(b) so far as the effect of the variation would be to remove a person’s ability to take part in eligible criminal proceedings through a live audio link or a live video link, subsection (3) applies as it applies to the rescission of a direction.
(5) Section 51(5) and (6) applies in relation to the variation or rescission of a direction given under section 51 as it applies to the giving of a direction under that section.
(6) A direction under section 51 may be given, varied or rescinded—
(a) on an application by a party to the proceedings, or
(b) of the court’s own motion.
But a party may not apply for a variation or rescission unless there has been a material change of circumstances since the direction was given or last varied.
(7) The court must state in open court its reasons for refusing an application for the giving, variation or rescission of a direction under section 51 and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings.
(8) If a hearing takes place in relation to the giving, variation or rescission of a direction under section 51, the court may require or permit a person to take part in that hearing through—
(a) a live audio link, or
(b) a live video link.
(9) The requirement referred to in section 51(4)(c) and subsection (3)(c) arises in a case where—
(a) the defendant is a party to the proceedings, and
(b) either—
(i) the defendant has not attained the age of 18 years, or
(ii) the defendant has attained the age of 18 years but the court is dealing with the case as if the defendant had not attained that age.
52A Further provision about the effect of live-link directions
(1) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as complying with any requirement (however imposed or expressed) for that person to attend or appear before court, or to surrender to the custody of the court, for the purposes of that participation in those proceedings.
(2) A person who takes part in eligible criminal proceedings in accordance with a direction under section 51 is to be treated as present in court for the purposes of those proceedings.
(3) If eligible criminal proceedings are conducted with one or more persons taking part in accordance with a direction under section 51, the proceedings are to be regarded as taking place—
(a) if at least one member of the court is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs),
(b) if no member of the court, but at least one other person, is taking part in the proceedings while in a courtroom, in that courtroom (or, if more than one courtroom falls within this paragraph, such of them as the court directs), or
(c) if no person is taking part in the proceedings while in a courtroom, at such place as the court directs (being a place where the court could lawfully sit for the purposes of those proceedings).
(4) In subsection (3), “courtroom” includes any place where proceedings of the sort in question might ordinarily be held (if no person were taking part in the proceedings in accordance with a direction under section 51).
(5) A statement made on oath by a witness outside the United Kingdom and given in evidence through a live audio link or a live video link in accordance with a direction under section 51 is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.
53 Further provision about live links in magistrates’ courts
(1) Subsections (2) and (3) apply where—
(a) a magistrates' court is minded to give a direction under section 51 requiring or permitting a person to take part in proceedings before the court through a live audio link or a live video link, and
(b) suitable facilities for such participation are not available at any place at which the court can (apart from subsection (2)) lawfully sit.
(2) The court may sit for the purposes of the whole or any part of the proceedings at any place at which such facilities are available and which has been authorised by a direction under section 30 of the Courts Act 2003.
(3) If the place mentioned in subsection (2) is outside the local justice area in which the justices act it shall be deemed to be in that area for the purpose of the jurisdiction of the justices acting in that area.
(4) The following functions of a magistrates’ court may be discharged by a single justice—
(a) giving a direction under section 51 or varying such a direction under section 52(2);
(b) rescinding under section 52(2) a direction given under section 51 before the eligible criminal proceedings concerned begin;
(c) requiring or permitting, under section 52(8), a person to take part by live audio link or live video link in a hearing about a matter within paragraph (a) or (b).
(1) This section applies where, as a result of a direction under section 51, evidence has been given through a live audio link or a live video link by a witness (including the defendant) in proceedings before the Crown Court.
(2) The judge may give the jury (if there is one) such direction as he thinks necessary to ensure that the jury gives the same weight to the evidence as if it had been given by the witness in the courtroom or other place where the proceedings are held.
(1) Criminal Procedure Rules may make such provision as appears to the Criminal Procedure Rule Committee to be necessary or expedient for the purposes of this Part.
(2) Criminal Procedure Rules may in particular make provision—
(a) as to the procedure to be followed in connection with applications under section 52(6), and
(b) as to the arrangements or safeguards to be put in place in connection with the operation of live audio links and live video links.
(3) The provision which may be made by virtue of subsection (2)(a) includes provision—
(a) for ... applications to be determined by the court without a hearing,
(b) for preventing the renewal of an unsuccessful application under section 52(6) unless there has been a material change of circumstances,
(c) for the manner in which confidential or sensitive information is to be treated in connection with an application under section 52(6) and in particular as to its being disclosed to, or withheld from, a party to the proceedings.
(4) Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make Criminal Procedure Rules.
(1) In this Part—
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“bail” includes remand to local authority accommodation in accordance with Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
“defendant” includes the person accused or convicted of an offence and, in the case of an enforcement hearing, the person liable to pay the sum or financial penalty concerned,
“eligible criminal proceedings” has the meaning given in section 51(3),
“enforcement hearing” means a hearing relating to collection, discharge, satisfaction or enforcement of—
a sum that has been adjudged to be paid on conviction for an offence by a magistrates’ court or the Crown Court, or
a financial penalty that is enforceable in accordance with section 85(6) and (7) of the Criminal Justice and Immigration Act 2008 as if it were such a sum (including a hearing to determine whether a financial penalty is so enforceable),
“live audio link”, in relation to a person (P) taking part in proceedings, means a live telephone link or other arrangement which—
enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
enables all other persons taking part in the proceedings who are not in the same location as P to hear P,
“live video link”, in relation to a person (P) taking part in proceedings, means a live television link or other arrangement which—
enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and
enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P,
“local justice area” has the same meaning as in the Courts Act 2003 (c. 39),
“preliminary hearing” means a hearing in proceedings for an offence held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the Prosecution of Offences Act 1985), including, in the case of proceedings in the Crown Court, a preparatory hearing held under—
section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud), or
section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases),
“relevant youth offending team” means the youth offending team (established under section 39 of the Crime and Disorder Act 1998) whose functions are exercisable in relation to the defendant concerned,
“sentencing hearing” means any hearing following conviction for an offence which is held for the purpose of—
proceedings (in a magistrates’ court) relating to committal to the Crown Court for sentencing,
sentencing the offender or determining how the court should deal with the offender in respect of the offence (including reviewing, amending or revoking such a sentence or determination), or
determining—
how the offender has complied with a sentence given in respect of the offence, or
how the offender should be dealt with in respect of compliance with such a sentence,
and here “sentence” includes any way in which a court has determined that the offender should be dealt with in respect of the offence,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“witness”, in relation to any criminal proceedings, means a person called, or proposed to be called, to give evidence in the proceedings.
(1A) In this Part, reference to taking part in proceedings means taking part in whatever capacity, including hearing the proceedings as a member of the court.
(1B) In the application of this Part in relation to a witness, a reference to taking part in proceedings includes attending those proceedings for a purpose preliminary or incidental to the giving of evidence.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The following matters are to be disregarded for the purposes of the definitions of “live audio link” and “live video link” in subsection (1)—
(a) the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing;
(b) the effect of any direction or order which provides for one person taking part in proceedings to be prevented by means of a screen or other arrangement from seeing another person taking part in the proceedings.
(5) Nothing in this Part is to be regarded as affecting any power of a court—
(a) to make an order, give directions or give leave of any description in relation to any witness (including the defendant or defendants), or
(b) to exclude evidence at its discretion (whether by preventing questions being put or otherwise).
(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.
(3) An appeal under this Part is to lie to the Court of Appeal.
(4) Such an appeal may be brought only with the leave of the judge or the Court of Appeal.
(1) This section applies where a judge 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.
(2) The prosecution may appeal in respect of the ruling in accordance with this section.
(3) The ruling is to have no effect whilst the prosecution is able to take any steps under subsection (4).
(4) The prosecution may not appeal in respect of the ruling unless—
(a) following the making of the ruling, it—
(i) informs the court that it intends to appeal, or
(ii) requests an adjournment to consider whether to appeal, and
(b) if such an adjournment is granted, it informs the court following the adjournment that it intends to appeal.
(5) If the prosecution requests an adjournment under subsection (4)(a)(ii), the judge may grant such an adjournment.
(6) Where the ruling relates to two or more offences—
(a) any one or more of those offences may be the subject of the appeal, and
(b) if the prosecution informs the court in accordance with subsection (4) that it intends to appeal, it must at the same time inform the court of the offence or offences which are the subject of the appeal.
(7) 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 (4) 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.
(8) The prosecution may not inform the court in accordance with subsection (4) 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 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 (9) is fulfilled.
(9) 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.
(10) If the prosecution informs the court in accordance with subsection (4) that it intends to appeal, the ruling mentioned in subsection (1) is to continue to have no effect in relation to the offence or offences which are the subject of the appeal whilst the appeal is pursued.
(11) If and to the extent that a ruling has no effect in accordance with this section—
(a) any consequences of the ruling are also to have no effect,
(b) the judge may not take any steps in consequence of the ruling, and
(c) if he does so, any such steps are also to have no effect.
(12) Where the prosecution has informed the court of its agreement under subsection (8) and either of the conditions mentioned in subsection (9) 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.
(13) 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 time when the judge starts his summing-up to the jury.
(14) The reference in subsection (13) to the time when the judge starts his summing-up to the jury includes the time when the judge would start his summing-up to the jury but for the making of an order under Part 7.
(1) Where the prosecution informs the court in accordance with section 58(4) that it intends to appeal, 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).
60 Continuation of proceedings for offences not affected by ruling
(1) This section applies where the prosecution informs the court in accordance with section 58(4) that it intends to appeal.
(2) Proceedings may be continued in respect of any offence which is not the subject of the appeal.
(1) On an appeal under section 58, the Court of Appeal may confirm, reverse or vary any ruling to which the appeal relates.
(2) Subsections (3) to (5) apply where the appeal relates to a single ruling.
(3) Where the Court of Appeal confirms the ruling, 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.
(4) Where the Court of Appeal reverses or varies the ruling, it 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 may 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.
(5) But the Court of Appeal may not make an order under subsection (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under subsection (4)(a) or (b).
(6) Subsections (7) and (8) apply where the appeal relates to a ruling that there is no case to answer and one or more other rulings.
(7) 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.
(8) 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 (4)(a) to (c) (but subject to subsection (5)).
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.
(1) In section 33(1) of the 1968 Act (right of appeal to House of Lords) after “this Act” there is inserted “ or Part 9 of the Criminal Justice Act 2003 ”.
(2) In section 36 of the 1968 Act (bail on appeal by defendant) after “under” there is inserted “ Part 9 of the Criminal Justice Act 2003 or ”.
(3) In this Part “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).
(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows.
(2) In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal Justice Act 1987 may be met out of central funds) after “hearings)” there is inserted “ or under Part 9 of the Criminal Justice Act 2003 ”.
(3) In section 18 (award of costs against accused) after subsection (2) there is inserted—
(2A) Where the Court of Appeal reverses or varies a ruling on an appeal under Part 9 of the Criminal Justice Act 2003, it may make such order as to the costs to be paid by the accused, to such person as may be named in the order, as it considers just and reasonable.
(4) In subsection (6) after “subsection (2)” there is inserted “ or (2A) ”.
70 Effect on time limits in relation to preliminary stages
(1) Section 22 of the Prosecution of Offences Act 1985 (c. 23) (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) is amended as follows.
(2) After subsection (6A) there is inserted—
(6B) Any period during which proceedings for an offence are adjourned pending the determination of an appeal under Part 9 of the Criminal Justice Act 2003 shall be disregarded, so far as the offence is concerned, for the purposes of the overall time limit and the custody time limit which applies to the stage which the proceedings have reached when they are adjourned.
(1) Except as provided by this section no publication shall include a report of—
(a) anything done under section 58, 59, 62, 63 or 64,
(b) an appeal under this Part,
(c) an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part, or
(d) an application for leave to appeal in relation to an appeal mentioned in paragraph (b) or (c).
(2) The judge may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
(a) anything done under section 58, 59, 62, 63 or 64, or
(b) an application to the judge for leave to appeal to the Court of Appeal under this Part.
(3) The Court of Appeal may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
(a) an appeal to the Court of Appeal under this Part,
(b) an application to that Court for leave to appeal to it under this Part, or
(c) an application to that Court for leave to appeal to the Supreme Court under Part 2 of the 1968 Act.
(4) The Supreme Court may order that subsection (1) is not to apply, or is not to apply to a specified extent, to a report of—
(a) an appeal to the Supreme Court under Part 2 of the 1968 Act, or
(b) an application to the Supreme Court for leave to appeal to it under Part 2 of that Act.
(5) Where there is only one defendant and he objects to the making of an order under subsection (2), (3) or (4)—
(a) the judge, the Court of Appeal or the Supreme Court is to make the order if (and only if) satisfied, after considering the representations of the defendant, that it is in the interests of justice to do so, and
(b) the order (if made) is not to apply to the extent that a report deals with any such objection or representations.
(6) Where there are two or more defendants and one or more of them object to the making of an order under subsection (2), (3) or (4)—
(a) the judge, the Court of Appeal or the Supreme Court is to make the order if (and only if) satisfied, after considering the representations of each of the defendants, that it is in the interests of justice to do so, and
(b) the order (if made) is not to apply to the extent that a report deals with any such objection or representations.
(7) Subsection (1) does not apply to the inclusion in a publication of a report of—
(a) anything done under section 58, 59, 62, 63 or 64,
(b) an appeal under this Part,
(c) an appeal under Part 2 of the 1968 Act in relation to an appeal under this Part, or
(d) an application for leave to appeal in relation to an appeal mentioned in paragraph (b) or (c),
at the conclusion of the trial of the defendant or the last of the defendants to be tried.
(8) Subsection (1) does not apply to a report which contains only one or more of the following matters—
(a) the identity of the court and the name of the judge,
(b) the names, ages, home addresses and occupations of the defendant or defendants and witnesses,
(c) the offence or offences, or a summary of them, with which the defendant or defendants are charged,
(d) the names of counsel and solicitors in the proceedings,
(e) where the proceedings are adjourned, the date and place to which they are adjourned,
(f) any arrangements as to bail,
(g) whether, for the purposes of the proceedings, representation was provided to the defendant or any of the defendants under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
(9) The addresses that may be included in a report by virtue of subsection (8) are addresses—
(a) at any relevant time, and
(b) at the time of their inclusion in the publication.
(10) Nothing in this section affects any prohibition or restriction by virtue of any other enactment on the inclusion of any matter in a publication.
(11) In this section—
“programme service” has the same meaning as in the Broadcasting Act 1990 (c. 42),
“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings,
“relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred,
“relevant programme” means a programme included in a programme service.
(1) This section applies if a publication includes a report in contravention of section 71.
(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
(b) any person having functions in relation to the programme corresponding to those of an editor of a newspaper,
is guilty of an offence.
(4) In the case of any other publication, any person publishing it is guilty of an offence.
(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 capacity.
(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 Attorney General, or
(b) in Northern Ireland otherwise than by or with the consent of—
(i) before the relevant date, the Attorney General for Northern Ireland, or
(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.
(1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.
(2) Without limiting subsection (1), rules of court may in particular make provision—
(a) for time limits which are to apply in connection with any provisions of this Part,
(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 appeal under this Part or to exercise the power of the Court of Appeal under section 58(12).
(3) Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.
(1) In this Part—
“programme service” has the meaning given by section 71(11),
“publication” has the meaning given by section 71(11),
“qualifying evidentiary ruling” is to be construed in accordance with section 62(2),
“the relevant condition” is to be construed in accordance with section 63(2) and (3),
“relevant programme” has the meaning given by section 71(11),
“ruling” includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement,
“the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).
(2) Any reference in this Part (other than section 73(2)(c)) to a judge is a reference to a judge of the Crown Court.
(3) There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either section 58(4) or 62(5).
(4) Where a ruling relates to two or more offences but not all of those offences are the subject of an appeal under this Part, nothing in this Part is to be regarded as affecting the ruling so far as it relates to any offence which is not the subject of the appeal.
(5) Where two or more defendants are charged jointly with the same offence, the provisions of this Part are to apply as if the offence, so far as relating to each defendant, were a separate offence (so that, for example, any reference in this Part to a ruling which relates to one or more offences includes a ruling which relates to one or more of those separate offences).
(6) Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—
(a) the jurisdiction of the Court of Appeal under this Part is to be exercised by the criminal division of that court, and
(b) references in this Part to the Court of Appeal are to be construed as references to that division.
(7) In its application to a trial on indictment in respect of which an order under section 17(2) of the Domestic Violence, Crime and Victims Act 2004 has been made, this Part is to have effect with such modifications as the Secretary of State may by order specify.
(1) This Part applies where a person has been acquitted of a qualifying offence in proceedings—
(a) on indictment in England and Wales,
(b) on appeal against a conviction, verdict or finding in proceedings on indictment in England and Wales, or
(c) on appeal from a decision on such an appeal.
(2) A person acquitted of an offence in proceedings mentioned in subsection (1) is treated for the purposes of that subsection as also acquitted of any qualifying offence of which he could have been convicted in the proceedings because of the first-mentioned offence being charged in the indictment, except an offence—
(a) of which he has been convicted,
(b) of which he has been found not guilty by reason of insanity, or
(c) in respect of which, in proceedings where he has been found to be under a disability (as defined by section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84)), a finding has been made that he did the act or made the omission charged against him.
(3) References in subsections (1) and (2) to a qualifying offence do not include references to an offence which, at the time of the acquittal, was the subject of an order under section 77(1) or (3).
(4) This Part also applies where a person has been acquitted, in proceedings elsewhere than in the United Kingdom, of an offence under the law of the place where the proceedings were held, if the commission of the offence as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of a qualifying offence.
(5) Conduct punishable under the law in force elsewhere than in the United Kingdom is an offence under that law for the purposes of subsection (4), however it is described in that law.
(6) This Part applies whether the acquittal was before or after the passing of this Act.
(7) References in this Part to acquittal are to acquittal in circumstances within subsection (1) or (4).
(8) In this Part “qualifying offence” means an offence listed in Part 1 of Schedule 5.
(1) A prosecutor may apply to the Court of Appeal for an order—
(a) quashing a person’s acquittal in proceedings within section 75(1), and
(b) ordering him to be retried for the qualifying offence.
(2) A prosecutor may apply to the Court of Appeal, in the case of a person acquitted elsewhere than in the United Kingdom, for—
(a) a determination whether the acquittal is a bar to the person being tried in England and Wales for the qualifying offence, and
(b) if it is, an order that the acquittal is not to be a bar.
(3) A prosecutor may make an application under subsection (1) or (2) only with the written consent of the Director of Public Prosecutions.
(4) The Director of Public Prosecutions may give his consent only if satisfied that—
(a) there is evidence as respects which the requirements of section 78 appear to be met,
(b) it is in the public interest for the application to proceed, and
(c) any trial pursuant to an order on the application would not be inconsistent with obligations of the United Kingdom under Article 31 or 34 of the Treaty on European Union (as it had effect before 1 December 2009) or Article 82, 83 or 85 of the Treaty on the Functioning of the European Union relating to the principle of ne bis in idem.
(5) Not more than one application may be made under subsection (1) or (2) in relation to an acquittal.
(1) On an application under section 76(1), the Court of Appeal—
(a) if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;
(b) otherwise, must dismiss the application.
(2) Subsections (3) and (4) apply to an application under section 76(2).
(3) Where the Court of Appeal determines that the acquittal is a bar to the person being tried for the qualifying offence, the court—
(a) if satisfied that the requirements of sections 78 and 79 are met, must make the order applied for;
(b) otherwise, must make a declaration to the effect that the acquittal is a bar to the person being tried for the offence.
(4) Where the Court of Appeal determines that the acquittal is not a bar to the person being tried for the qualifying offence, it must make a declaration to that effect.
(1) The requirements of this section are met if there is new and compelling evidence against the acquitted person in relation to the qualifying offence.
(2) Evidence is new if it was not adduced in the proceedings in which the person was acquitted (nor, if those were appeal proceedings, in earlier proceedings to which the appeal related).
(3) Evidence is compelling if—
(a) it is reliable,
(b) it is substantial, and
(c) in the context of the outstanding issues, it appears highly probative of the case against the acquitted person.
(4) The outstanding issues are the issues in dispute in the proceedings in which the person was acquitted and, if those were appeal proceedings, any other issues remaining in dispute from earlier proceedings to which the appeal related.
(5) For the purposes of this section, it is irrelevant whether any evidence would have been admissible in earlier proceedings against the acquitted person.
(1) The requirements of this section are met if in all the circumstances it is in the interests of justice for the court to make the order under section 77.
(2) That question is to be determined having regard in particular to—
(a) whether existing circumstances make a fair trial unlikely;
(b) for the purposes of that question and otherwise, the length of time since the qualifying offence was allegedly committed;
(c) whether it is likely that the new evidence would have been adduced in the earlier proceedings against the acquitted person but for a failure by an officer or by a prosecutor to act with due diligence or expedition;
(d) whether, since those proceedings or, if later, since the commencement of this Part, any officer or prosecutor has failed to act with due diligence or expedition.
(3) In subsection (2) references to an officer or prosecutor include references to a person charged with corresponding duties under the law in force elsewhere than in England and Wales.
(4) Where the earlier prosecution was conducted by a person other than a prosecutor, subsection (2)(c) applies in relation to that person as well as in relation to a prosecutor.