Criminal Law Legislation Update
| Published date | 01 August 2005 |
| DOI | 10.1350/jcla.2005.69.4.280 |
| Author | Sally Louise Ireland |
| Date | 01 August 2005 |
| Subject Matter | Article |
Criminal Law Legislation
Update*
Sally Louise Ireland†
Criminal Justice Act 2003
Many important provisions of the Criminal Justice Act 2003 came into
force in spring 2005, mainly by virtue of the Criminal Justice Act 2003
(Commencement No. 8 and Transitional and Saving Provisions) Order
2005 (SI 2005 No. 950). They include, inter alia, provisions on prosecu-
tion appeals under Part 9, retrial for serious offences under Part 10 and
hearsay provisions in Part 11. Some sentencing provisions are also
brought into force, notably those relating to dangerous offenders.
Prosecution appeals
Certain provisions in Part 8 came into force on 4 April 2005. The
provisions give the prosecution a right of appeal (with leave of the judge
or the Court of Appeal) against Crown Court rulings relating to trials on
indictment occurring at any time until the summing-up. Rulings for
which there is already a right of appeal to the Court of Appeal, and
rulings discharging a jury, are excluded. The prosecution must agree that
in respect of each offence that is the subject of the appeal, the defendant
should be acquitted if leave is not obtained or the appeal is
abandoned.
The Court of Appeal may confirm, reverse or vary the ruling; if it
confirms the ruling, it must order the acquittal of the defendants for
each offence that is the subject of the appeal. To reverse a ruling, the
court must be satisfied either that it was wrong in law, or that it involved
an error of law or principle, or that it was a ruling that it was not
reasonable for the judge to have made. Where the Court of Appeal
reverses or varies the ruling, it may order proceedings to be resumed or
allow a fresh trial to commence, if it considers it necessary in the
interests of justice. It may also order an acquittal. If the ruling appealed
is that there is no case to answer, confirmation must result in an order
for acquittal and reversal/variance must result in continuance, allowing
a fresh trial or acquittal. There is an appeal to the House of Lords from
the Court of Appeal under s. 68.
The prosecution are also given rights of appeal in relation to eviden-
tiary rulings under Part 8 of the Act, but these provisions are not yet in
force.
Retrial for serious offences
The coming into force of Part 10 of the Criminal Justice Act 2003 on 5
April 2005 received a considerable level of media attention, since it
* As at 9 May 2005.
†Criminal Justice Policy Officer, JUSTICE.
280
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