Parliamentary Bills
| DOI | 10.1177/002201836402800310 |
| Date | 01 July 1964 |
| Published date | 01 July 1964 |
| Subject Matter | Article |
Parliamentary
Bills
A Parliamentary Bill
does
not always reach the Statute Book. Bills are
frequently amendedbefore
becoming
Acts of Parliament. This
section
should be
read accordingly.
CRIMINAL
APPEAL
BILL
THERE has been considerable comment on the inability of
the
Court
of Criminal Appeal to order aretrial when
evidence which has come to light since the trial has clearly
made such a course desirable in the interests of justice.
The
Departmental Committee on
New
Trials in Criminal
Cases recommended
that
the
C.C.A. should have such a
power, and the present Bill gives effect to its recommendation.
It
is provided
that
where an appeal against conviction is
allowed by the C.C.A. for the sole reason of evidence received
or available
under
S.9 Criminal Appeal Act 1907 then, if the
Court
considers
that
the interests of justice require it, it may
order aretrial instead of allowing
the
appeal.
The
retrial
must
be for the offence of which he was
originally convicted or for an offence charged in an alternative
count of the original indictment.
When
ordering aretrial the C.C.A. will give directions
as to the venue of the retrial and for the custody or release on
bail of the accused pending the retrial.
If
the
accused is again convicted on his retrial,
the
sen-
tence shall
not
exceed that passed at the original trial. A sen-
tence of imprisonment or detention passed at the retrial shall
commence as if passed at
the
original trial, any period during
which he was on bail pending the retrial being disregarded.
COMMENT
This
is a Government Bill.
It
is unlikely to be contro-
versial
and
seems certain to be enacted.
LOCAL GOVERNMENT (PECUNIARY INTERESTS)
BILL
It
is a somewhat widely held view
that
Ss. 76
and
123 of
the
Local Government Act 1933 which restrain members
and
201
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