Criminal Justice Bill

Part of the debate – in the House of Lords at 5:00 pm on 15 September 2003.

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Photo of Lord Thomas of Gresford Lord Thomas of Gresford Liberal Democrat 5:00, 15 September 2003

Perhaps I may deal, first, with the offence aspect. As I pointed out to the noble and learned Lord when I moved the amendment, the application to the Court of Appeal under Clause 70 is for an order that the person whose acquittal is quashed should be retried for the qualifying offence. That is what the application is for—it is for a retrial for the qualifying offence.

What concerns me—particularly having regard to the noble and learned Lord's reply—is that a person could be acquitted of offence x, have that acquittal quashed, be ordered to be retried for offence x, but then, on the indictment that is then produced for the retrial, find that he is charged with offence y arising out of the same facts. If the noble and learned Lord can give me an assurance that the retrial that will take place will be a retrial of the qualifying offence—namely, offence x—that would greatly assuage my fears in relation to the provisions of subsections (1) and (5). Perhaps the noble and learned Lord would like to consider that point first.