Clause 63 - Application to Court of Appeal
Criminal Justice Bill
5:30 pm
Mr Ian Lucas (Wrexham, Labour)
I want to make a brief point in the hope that I may allow the hon. Member for North Down a good night's sleep. It relates to the analogous case of a defendant who appeals against a conviction to the Court of Appeal, which finds that the conviction was unsafe and unsatisfactory and orders a retrial. In such circumstances, there would have been a determination of the charge faced by the defendant by a higher court. I submit that that would not prevent a jury at a later trial from having a completely open approach to the evidence presented. The same process would apply in relation to this clause.