Clause 26
Criminal Justice and Immigration Bill
5:15 pm
Frank Cook (Stockton North, Labour)
With this it will be convenient to discuss the following amendments: No. 100, in clause 26, page 19, line 34, at end insert
‘and they have a certificate from the trial judge confirming that the evidence heard by him and the jury was sufficient to prove the prosecution case and that he had admitted and the jury had considered, and been directed by him in relation to, the relevance of any evidence of the procedural or other misconduct.’.
Government amendments Nos. 208 and 209.
Amendment No. 101, in clause 26, page 20, leave out line 14 and add
‘may, as the Court think fit in the interests of justice in that case, either direct that there be a retrial or that the appellant be acquitted.”’.
Amendment No. 102, in clause 26, page 20, line 14, at end add
‘, who must initiate or not initiate such criminal or civil proceedings (or both) as he thinks best suit the justice of the case (taking into account the impact on the victim of the offence or his family of his decision either to proceed or not) and which decision either to proceed or not will provide the most suitable redress to the subject of such misconduct, deter any such misconduct in the future and restore public confidence in the criminal justice system.”’.
Clause stand part.
Government amendment No. 210
Government new clause 28—Power of Court Of Appeal to disregard developments in the law—
‘(1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2) In section 2 (appeals against conviction), after subsection (1B) (as inserted by section 26(2)) insert—
“(1C) In determining for the purposes of subsection (1)(a) whether the conviction is unsafe the Court may, if they think it appropriate in all the circumstances of the case, disregard any development in the law since the date of the conviction.”
(3) In section 13 (disposal of appeals against verdict of not guilty by reason of insanity), after subsection (1B) (as inserted by section 26(2A)) insert—
“(1C) In determining for the purposes of subsection (1)(a) whether the verdict is unsafe the Court may, if they think it appropriate in all the circumstances of the case, disregard any development in the law since the date of the verdict.”’.
(4) In section 16 (disposal of appeals against finding of disability), after subsection (1B) (as inserted by section 26(2B)) insert—
“(1C) In determining for the purposes of subsection (1)(a) whether a finding is unsafe the Court may, if they think it appropriate in all the circumstances of the case, disregard any development in the law since the date of the finding.”
Amendment (a) to new clause 28, in subsection (2), after ‘case’, insert
‘and are satisfied that it would not give rise to substantial injustice’.
Government new clause 29—Meaning of unsafe: Northern Ireland.
Government new clause 30—Power of Court of Appeal to disregard developments in the law: Northern Ireland.