Legalize / United Kingdom / Public General Act

Criminal Justice Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2026-03-22

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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—

(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) ”.

Part 8 — Live links

Live links in criminal proceedings

51

(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,

(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,

(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.

Effect of, and rescission of, direction

52

(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.

Magistrates' courts permitted to sit at other locations

53

(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).

Warning to jury

54

(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.

Rules of court

55

(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.

Interpretation of Part 8

56

(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, ora 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, andenables 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, andenables 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), orsection 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), ordetermining—how the offender has complied with a sentence given in respect of the offence, orhow 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).

Part 9 — Prosecution appeals

Introduction

57

(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.

General right of appeal in respect of rulings

58

(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

(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.

Expedited and non-expedited appeals

59

(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).

Continuation of proceedings for offences not affected by ruling

60

(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.

Determination of appeal by Court of Appeal

61

(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,

(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)).

Right of appeal in respect of evidentiary rulings

62

(1) The prosecution may, in accordance with this section and section 63, 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.

(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,

(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 4.

(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,

(11) Nothing in this section affects the right of the prosecution to appeal in respect of an evidentiary ruling under section 58.

Condition that evidentiary ruling significantly weakens prosecution case

63

(1) Leave to appeal may not be given in relation to an appeal under section 62 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.

Expedited and non-expedited appeals

64

(1) Where the prosecution informs the court in accordance with section 62(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).

Continuation of proceedings for offences not affected by ruling

65

(1) This section applies where the prosecution informs the court in accordance with section 62(5).

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

Determination of appeal by Court of Appeal

66

(1) On an appeal under section 62, 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,

(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.

Miscellaneous and supplemental

Reversal of rulings

67

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

Appeals to the House of Lords

68

(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).

Costs

69

(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) ”.

Effect on time limits in relation to preliminary stages

70

(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.

Restrictions on reporting

71

(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,

(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

(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,

(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,

(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.

Offences in connection with reporting

72

(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.

Rules of court

73

(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.

Interpretation of Part 9

74

(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.

Part 10 — Retrial for serious offences

Cases that may be retried

75

(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

(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.

Application for retrial

Application to Court of Appeal

76

(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.

Determination by Court of Appeal

77

(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.

New and compelling evidence

78

(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

(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.

Interests of justice

79

(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.

Procedure and evidence

80

(1) A prosecutor who wishes to make an application under section 76(1) or (2) must give notice of the application to the Court of Appeal.

(2) Within two days beginning with the day on which any such notice is given, notice of the application must be served by the prosecutor on the person to whom the application relates, charging him with the offence to which it relates or, if he has been charged with it in accordance with section 87(4), stating that he has been so charged.

(3) Subsection (2) applies whether the person to whom the application relates is in the United Kingdom or elsewhere, but the Court of Appeal may, on application by the prosecutor, extend the time for service under that subsection if it considers it necessary to do so because of that person’s absence from the United Kingdom.

(4) The Court of Appeal must consider the application at a hearing.

(5) The person to whom the application relates—

(a) is entitled to be present at the hearing, although he may be in custody, unless he is in custody elsewhere than in England and Wales or Northern Ireland, and

(b) is entitled to be represented at the hearing, whether he is present or not.

(6) For the purposes of the application, the Court of Appeal may, if it thinks it necessary or expedient in the interests of justice—

(a) order the production of any document, exhibit or other thing, the production of which appears to the court to be necessary for the determination of the application, and

(b) order any witness who would be a compellable witness in proceedings pursuant to an order or declaration made on the application to attend for examination and be examined before the court.

(7) The Court of Appeal may at one hearing consider more than one application (whether or not relating to the same person), but only if the offences concerned could be tried on the same indictment.

Appeals

81

(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2) In section 33 (right of appeal to Supreme Court), after subsection (1A) there is inserted—

(1B) An appeal lies to the Supreme Court , at the instance of the acquitted person or the prosecutor, from any decision of the Court of Appeal on an application under section 76(1) or (2) of the Criminal Justice Act 2003 (retrial for serious offences).

(3) At the end of that section there is inserted—

(4) In relation to an appeal under subsection (1B), references in this Part to a defendant are references to the acquitted person.

(4) In section 34(2) (extension of time for leave to appeal), after “defendant” there is inserted “ or, in the case of an appeal under section 33(1B), by the prosecutor ”.

(5) In section 38 (presence of defendant at hearing), for “has been convicted of an offence and” substitute “ has been convicted of an offence, or in whose case an order under section 77 of the Criminal Justice Act 2003 or a declaration under section 77(4) of that Act has been made, and who ”.

Restrictions on publication in the interests of justice

82

(1) Where it appears to the Court of Appeal that the inclusion of any matter in a publication would give rise to a substantial risk of prejudice to the administration of justice in a retrial, the court may order that the matter is not to be included in any publication while the order has effect.

(2) In subsection (1) “retrial” means the trial of an acquitted person for a qualifying offence pursuant to any order made or that may be made under section 77.

(3) The court may make an order under this section only if it appears to it necessary in the interests of justice to do so.

(4) An order under this section may apply to a matter which has been included in a publication published before the order takes effect, but such an order—

(a) applies only to the later inclusion of the matter in a publication (whether directly or by inclusion of the earlier publication), and

(b) does not otherwise affect the earlier publication.

(5) After notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence, the court may make an order under this section only—

(a) of its own motion, or

(b) on the application of the Director of Public Prosecutions.

(6) Before such notice has been given, an order under this section—

(a) may be made only on the application of the Director of Public Prosecutions, and

(b) may not be made unless, since the acquittal concerned, an investigation of the commission by the acquitted person of the qualifying offence has been commenced by officers.

(7) The court may at any time, of its own motion or on an application made by the Director of Public Prosecutions or the acquitted person, vary or revoke an order under this section.

(8) Any order made under this section before notice of an application has been given under section 80(1) relating to the acquitted person and the qualifying offence must specify the time when it ceases to have effect.

(9) An order under this section which is made or has effect after such notice has been given ceases to have effect, unless it specifies an earlier time—

(a) when there is no longer any step that could be taken which would lead to the acquitted person being tried pursuant to an order made on the application, or

(b) if he is tried pursuant to such an order, at the conclusion of the trial.

(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 or any power, under an enactment or otherwise, to impose such a prohibition or restriction.

(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 programme” means a programme included in a programme service.

Offences in connection with publication restrictions

83

(1) This section applies if—

(a) an order under section 82 is made, whether in England and Wales or Northern Ireland, and

(b) while the order has effect, any matter is included in a publication, in any part of the United Kingdom, in contravention of the order.

(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.

Retrial

84

(1) Where a person—

(a) is tried pursuant to an order under section 77(1), or

(b) is tried on indictment pursuant to an order under section 77(3),

the trial must be on an indictment preferred by direction of the Court of Appeal.

(2) After the end of 2 months after the date of the order, the person may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal gives leave.

(3) The Court of Appeal must not give leave unless satisfied that—

(a) the prosecutor has acted with due expedition, and

(b) there is a good and sufficient cause for trial despite the lapse of time since the order under section 77.

(4) Where the person may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order and—

(a) for any direction required for restoring an earlier judgment and verdict of acquittal of the qualifying offence, or

(b) in the case of a person acquitted elsewhere than in the United Kingdom, for a declaration to the effect that the acquittal is a bar to his being tried for the qualifying offence.

(5) An indictment under subsection (1) may relate to more than one offence, or more than one person, and may relate to an offence which, or a person who, is not the subject of an order or declaration under section 77.

(6) Evidence given at a trial pursuant to an order under section 77(1) or (3) must be given orally if it was given orally at the original trial, unless—

(a) all the parties to the trial agree otherwise,

(b) section 116 applies, or

(c) the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) applies.

(7) At a trial pursuant to an order under section 77(1), paragraph 5 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (use of depositions) does not apply to a deposition read as evidence at the original trial.

Investigations

Authorisation of investigations

85

(1) This section applies to the investigation of the commission of a qualifying offence by a person—

(a) acquitted in proceedings within section 75(1) of the qualifying offence, or

(b) acquitted elsewhere than in the United Kingdom of an offence the commission of which as alleged would have amounted to or included the commission (in the United Kingdom or elsewhere) of the qualifying offence.

(2) Subject to section 86, an officer may not do anything within subsection (3) for the purposes of such an investigation unless the Director of Public Prosecutions—

(a) has certified that in his opinion the acquittal would not be a bar to the trial of the acquitted person in England and Wales for the qualifying offence, or

(b) has given his written consent to the investigation (whether before or after the start of the investigation).

(3) The officer may not, either with or without the consent of the acquitted person—

(a) arrest or question him,

(b) search him or premises owned or occupied by him,

(d) seize anything in his possession, or

(e) take his fingerprints or take a sample from him.

(4) The Director of Public Prosecutions may only give his consent on a written application, and such an application may be made only by an officer who—

(a) if he is an officer of the metropolitan police force or the City of London police force, is of the rank of commander or above, or

(b) in any other case, is of the rank of assistant chief constable or above.

(5) An officer may make an application under subsection (4) only if—

(a) he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or

(b) he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.

(6) The Director of Public Prosecutions may not give his consent unless satisfied that—

(a) there is, or there is likely as a result of the investigation to be, sufficient new evidence to warrant the conduct of the investigation, and

(b) it is in the public interest for the investigation to proceed.

(7) In giving his consent, the Director of Public Prosecutions may recommend that the investigation be conducted otherwise than by officers of a specified police force or specified team of customs and excise officers.

Urgent investigative steps

86

(1) Section 85 does not prevent an officer from taking any action for the purposes of an investigation if—

(a) the action is necessary as a matter of urgency to prevent the investigation being substantially and irrevocably prejudiced,

(b) the requirements of subsection (2) are met, and

(i) the action is authorised under subsection (3), or

(ii) the requirements of subsection (5) are met.

(2) The requirements of this subsection are met if—

(a) there has been no undue delay in applying for consent under section 85(2),

(b) that consent has not been refused, and

(c) taking into account the urgency of the situation, it is not reasonably practicable to obtain that consent before taking the action.

(3) An officer of the rank of superintendent or above may authorise the action if—

(a) he is satisfied that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or

(b) he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.

(4) An authorisation under subsection (3) must—

(a) if reasonably practicable, be given in writing;

(b) otherwise, be recorded in writing by the officer giving it as soon as is reasonably practicable.

(5) The requirements of this subsection are met if—

(a) there has been no undue delay in applying for authorisation under subsection (3),

(b) that authorisation has not been refused, and

(c) taking into account the urgency of the situation, it is not reasonably practicable to obtain that authorisation before taking the action.

(6) Where the requirements of subsection (5) are met, the action is nevertheless to be treated as having been unlawful unless, as soon as reasonably practicable after the action is taken, an officer of the rank of superintendent or above certifies in writing that he is satisfied that, when the action was taken—

(a) new evidence had been obtained which would be relevant to an application under section 76(1) or (2) in respect of the qualifying offence to which the investigation relates, or

(b) the officer who took the action had reasonable grounds for believing that such new evidence was likely to be obtained as a result of the investigation.

Arrest, custody and bail

Arrest and charge

87

(1) Where section 85 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section—

(a) a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the commission by that person of that offence, and

(b) that person may not be arrested for that offence except under a warrant so issued.

(2) Subsection (1) does not affect section 89(3)(b) or 91(3), or any other power to arrest a person, or to issue a warrant for the arrest of a person, otherwise than for an offence.

(3) Part 4 of the 1984 Act (detention) applies as follows where a person—

(a) is arrested for an offence under a warrant issued in accordance with subsection (1)(a), or

(b) having been so arrested, is subsequently treated under section 34(7) of that Act as arrested for that offence.

(4) For the purposes of that Part there is sufficient evidence to charge the person with the offence for which he has been arrested if, and only if, an officer of the rank of superintendent or above (who has not been directly involved in the investigation) is of the opinion that the evidence available or known to him is sufficient for the case to be referred to a prosecutor to consider whether consent should be sought for an application in respect of that person under section 76.

(5) For the purposes of that Part it is the duty of the custody officer at each police station where the person is detained to make available or known to an officer at that police station of the rank of superintendent or above any evidence which it appears to him may be relevant to an application under section 76(1) or (2) in respect of the offence for which the person has been arrested, and to do so as soon as practicable—

(a) after the evidence becomes available or known to him, or

(b) if later, after he forms that view.

(6) Section 37 of that Act (including any provision of that section as applied by section 40(8) of that Act) has effect subject to the following modifications—

(a) in subsection (1)—

(i) for “determine whether he has before him” there is substituted “ request an officer of the rank of superintendent or above (who has not been directly involved in the investigation) to determine, in accordance with section 87(4) of the Criminal Justice Act 2003, whether there is ”;

(ii) for “him to do so” there is substituted “ that determination to be made ”;

(b) in subsection (2)—

(i) for the words from “custody officer determines” to “before him” there is substituted “ officer determines that there is not such sufficient evidence ”;

(ii) the word “custody” is omitted from the second place where it occurs;

(i) the word “custody” is omitted;

(ii) after “may” there is inserted “ direct the custody officer to ”;

(d) in subsection (7) for the words from “the custody officer” to the end of that subsection there is substituted “ an officer of the rank of superintendent or above (who has not been directly involved in the investigation) determines, in accordance with section 87(4) of the Criminal Justice Act 2003, that there is sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested shall be charged. ”;

(e) subsections (7A), (7B) and (8) do not apply;

(f) after subsection (10) there is inserted—

(10A) The officer who is requested by the custody officer to make a determination under subsection (1) above shall make that determination as soon as practicable after the request is made.

(7) Section 40 of that Act has effect as if in subsections (8) and (9) of that section after “(6)” there were inserted “ and (10A) ”.

(8) Section 42 of that Act has effect as if in subsection (1) of that section for the words from “who” to “detained” there were substituted “ (who has not been directly involved in the investigation) ”.

Bail and custody before application

88

(1) In relation to a person charged in accordance with section 87(4)—

(a) section 38 of the 1984 Act (including any provision of that section as applied by section 40(10) of that Act) has effect as if, in subsection (1), for “either on bail or without bail” there were substituted “ on bail ”,

(b) section 47(3) of that Act does not apply and references in section 38 of that Act to bail are references to bail subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint, and

(2) Where such a person is, after being charged—

(a) kept in police detention, or

(b) detained by a local authority in pursuance of arrangements made under section 38(6) of the 1984 Act,

he must be brought before the Crown Court as soon as practicable and, in any event, not more than 24 hours after he is charged, and section 46 of the 1984 Act does not apply.

(3) For the purpose of calculating the period referred to in subsection (1) or (2), the following are to be disregarded—

(za) Saturday,

(a) Sunday,

(b) Christmas Day,

(d) any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is to appear before the Crown Court as mentioned in subsection (1) or, where subsection (2) applies, is for the time being detained.

(4) Where a person appears or is brought before the Crown Court in accordance with subsection (1) or (2), the Crown Court may either—

(a) grant bail for the person to appear, if notice of an application is served on him under section 80(2), before the Court of Appeal at the hearing of that application, or

(b) remand the person in custody to be brought before the Crown Court under section 89(2).

(5) If the Crown Court grants bail under subsection (4), it may revoke bail and remand the person in custody as referred to in subsection (4)(b).

(6) In subsection (7) the “relevant period”, in relation to a person granted bail or remanded in custody under subsection (4), means—

(a) the period of 42 days beginning with the day on which he is granted bail or remanded in custody under that subsection, or

(b) that period as extended or further extended under subsection (8).

(7) If at the end of the relevant period no notice of an application under section 76(1) or (2) in relation to the person has been given under section 80(1), the person—

(a) if on bail subject to a duty to appear as mentioned in subsection (4)(a), ceases to be subject to that duty and to any conditions of that bail, and

(b) if in custody on remand under subsection (4)(b) or (5), must be released immediately without bail.

(8) The Crown Court may, on the application of a prosecutor, extend or further extend the period mentioned in subsection (6)(a) until a specified date, but only if satisfied that—

(a) the need for the extension is due to some good and sufficient cause, and

(b) the prosecutor has acted with all due diligence and expedition.

Bail and custody before hearing

89

(1) This section applies where notice of an application is given under section 80(1).

(2) If the person to whom the application relates is in custody under section 88(4)(b) or (5), he must be brought before the Crown Court as soon as practicable and, in any event, within 48 hours after the notice is given.

(3) If that person is not in custody under section 88(4)(b) or (5), the Crown Court may, on application by the prosecutor—

(a) issue a summons requiring the person to appear before the Court of Appeal at the hearing of the application, or

(b) issue a warrant for the person’s arrest,

and a warrant under paragraph (b) may be issued at any time even though a summons has previously been issued.

(4) Where a summons is issued under subsection (3)(a), the time and place at which the person must appear may be specified either—

(a) in the summons, or

(b) in a subsequent direction of the Crown Court.

(5) The time or place specified may be varied from time to time by a direction of the Crown Court.

(6) A person arrested under a warrant under subsection (3)(b) must be brought before the Crown Court as soon as practicable and in any event within 48 hours after his arrest, and section 81(5) of the Supreme Court Act 1981 (c. 54) does not apply.

(7) If a person is brought before the Crown Court under subsection (2) or (6) the court must either—

(a) remand him in custody to be brought before the Court of Appeal at the hearing of the application, or

(b) grant bail for him to appear before the Court of Appeal at the hearing.

(8) If bail is granted under subsection (7)(b), the Crown Court may revoke the bail and remand the person in custody as referred to in subsection (7)(a).

(9) For the purpose of calculating the period referred to in subsection (2) or (6), the following are to be disregarded—

(za) Saturday,

(a) Sunday,

(b) Christmas Day,

(d) any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained.

Bail and custody during and after hearing

90

(1) The Court of Appeal may, at any adjournment of the hearing of an application under section 76(1) or (2)—

(a) remand the person to whom the application relates on bail, or

(b) remand him in custody.

(2) At a hearing at which the Court of Appeal—

(a) makes an order under section 77,

(b) makes a declaration under subsection (4) of that section, or

(c) dismisses the application or makes a declaration under subsection (3) of that section, if it also gives the prosecutor leave to appeal against its decision or the prosecutor gives notice that he intends to apply for such leave,

the court may make such order as it sees fit for the custody or bail of the acquitted person pending trial pursuant to the order or declaration, or pending determination of the appeal.

(3) For the purpose of subsection (2), the determination of an appeal is pending—

(a) until any application for leave to appeal is disposed of, or the time within which it must be made expires;

(b) if leave to appeal is granted, until the appeal is disposed of.

(4) Section 4 of the Bail Act 1976 (c. 63) applies in relation to the grant of bail under this section as if in subsection (2) the reference to the Crown Court included a reference to the Court of Appeal.

(5) The court may at any time, as it sees fit—

(a) revoke bail granted under this section and remand the person in custody, or

(b) vary an order under subsection (2).

Revocation of bail

91

(1) Where—

(a) a court revokes a person’s bail under this Part, and

(b) that person is not before the court when his bail is revoked,

the court must order him to surrender himself forthwith to the custody of the court.

(2) Where a person surrenders himself into the custody of the court in compliance with an order under subsection (1), the court must remand him in custody.

(3) A person who has been ordered to surrender to custody under subsection (1) may be arrested without a warrant by an officer if he fails without reasonable cause to surrender to custody in accordance with the order.

(4) A person arrested under subsection (3) must be brought as soon as practicable, and, in any event, not more than 24 hours after he is arrested, before the court and the court must remand him in custody.

(5) For the purpose of calculating the period referred to in subsection (4), the following are to be disregarded—

(za) Saturday,

(a) Sunday,

(b) Christmas Day,

(d) any day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in the part of the United Kingdom where the person is for the time being detained.

Part 10: supplementary

Functions of the DPP

92

(1) Section 1(7) of the Prosecution of Offences Act 1985 (c. 23) (DPP’s functions exercisable by Crown Prosecutor) does not apply to the provisions of this Part other than section 85(2)(a).

(2) In the absence of the Director of Public Prosecutions, his functions under those provisions may be exercised by a person authorised by him.

(3) An authorisation under subsection (2)—

(a) may relate to a specified person or to persons of a specified description, and

(b) may be general or relate to a specified function or specified circumstances.

Rules of court

93

(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 as to procedures to be applied in connection with sections 76 to 82, 84 and 88 to 90.

(3) Nothing in this section is to be taken as affecting the generality of any enactment conferring power to make rules of court.

Armed Forces: Part 10

94

(1) Section 323 of the Armed Forces Act 2006 (provision in consequence of criminal justice enactments) applies in relation to an enactment contained in this Part so far as relating to matters not specified in subsection (2) of section 324 of that Act as it applies in relation to a criminal justice enactment (within the meaning given by that section).

(2) The power under section 323 of that Act to make provision equivalent to that made in relation to qualifying offences by an enactment contained in this Part (with or without modifications) includes power to make such provision in relation to such service offences as the Secretary of State thinks fit.

(3) In subsection (2) “service offence” has the same meaning as in the Armed Forces Act 2006.

Interpretation of Part 10

95

(1) In this Part—

“the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60),

“acquittal” and related expressions are to be read in accordance with section 75(7),

“customs and excise officer” means an officer as defined by section 1(1) of the Customs and Excise Management Act 1979 (c. 2), or a person to whom section 8(2) of that Act applies,

“new evidence” is to be read in accordance with section 78(2),

“officer”, except in section 83, means an officer of a police force or a customs and excise officer,

“police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23),

“prosecutor” means an individual or body charged with duties to conduct criminal prosecutions,

“qualifying offence” has the meaning given by section 75(8).

(2) 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.

(3) References in this Part to an officer of a specified rank or above are, in the case of a customs and excise officer, references to an officer of such description as—

(a) appears to the Commissioners of Customs and Excise to comprise officers of equivalent rank or above, and

(b) is specified by the Commissioners for the purposes of the provision concerned.

Application of Part 10 to Northern Ireland

96

(1) In its application to Northern Ireland this Part is to have effect subject to the modifications in this section.

(2) In sections 75(1)(a) and (b), 76(2)(a), 79(3) and 85(2)(a) for “England and Wales” substitute “ Northern Ireland ”.

(3) For section 75(2)(c) substitute—

(c) in respect of which, in proceedings where he has been found to be unfit to be tried in accordance with Article 49 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), a finding has been made that he did the act or made the omission charged against him.

(4) In section 75(8) for “Part 1” substitute “ Part 2 ”.

(5) In section 81(1) for “Criminal Appeal Act 1968 (c. 19)” substitute “ Criminal Appeal (Northern Ireland) Act 1980 (c. 47) ”.

(6) In section 81(2)—

(a) for “33” substitute “ 31 ”, and

(b) for “An” substitute “ Subject to the provisions of this Part of this Act, an ”.

(7) In section 81(4)—

(a) for “34(2)” substitute “ 32(2) ”, and

(b) for “33(1B)” substitute “ 31(1B) ”.

(8) In section 82(10) after “enactment” in each place insert “ (including any provision of Northern Ireland legislation) ”.

(9) In section 84(1) and (2) for “preferred” substitute “ presented ”.

(10) Section 84(6) has effect—

(a) as if any reference to a provision of Part 11 were a reference to any corresponding provision contained in an Order in Council to which section 334(1) applies, at any time when such corresponding provision is in force;

(b) at any other time, with the omission of paragraphs (b) and (c).

(11) After section 84(6) insert—

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