United Kingdom Statutory Instruments

(a) this Part;

(b) Articles 14, 15, 32, 33, 34 and 36.

     " ; and

(f) offences under Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (NI 4) (destroying or damaging property).".

(a) a summary trial;

(b) an appeal to a county court arising out of such a trial;

(c) a preliminary investigation or preliminary inquiry into an indictable offence;

(d) a trial on indictment;

(e) an appeal to the Court of Appeal;

(f) the hearing of a reference under section 10 or 12 of the Criminal Appeal Act 1995 (c. 35);

(g) a hearing before a magistrates' court or the Crown Court which is held after the defendant has entered a plea of guilty; and

(h) a hearing before the Court of Appeal under section 80 of the Criminal Justice Act 2003 (c. 44).

    (3) A direction may be given under this Article - 

(a) on an application by a party to the proceedings; or

(b) of the court's own motion.

    (4) But a direction may not be given under this Article unless - 

(a) the court is satisfied that it is in the interests of the efficient or effective administration of justice for the person concerned to give evidence in the proceedings through a live link;

(b) it has been notified by the Secretary of State that suitable facilities for receiving evidence through a live link are available in the county court division in which it appears to the court that the proceedings will take place; and

(c) that notification has not been withdrawn.

    (5) The withdrawal of such a notification is not to affect a direction given under this Article before that withdrawal.

    (6) In deciding whether to give a direction under this Article the court must consider all the circumstances of the case.

    (7) Those circumstances include in particular - 

(a) the availability of the witness;

(b) the need for the witness to attend in person;

(c) the importance of the witness's evidence to the proceedings;

(d) the views of the witness;

(e) the suitability of the facilities at the place where the witness would give evidence through a live link;

(f) whether a direction might tend to inhibit any party to the proceedings from effectively testing the witness's evidence.

(a) a ruling that a jury be discharged; or

(b) a ruling from which an appeal lies to the Court of Appeal by virtue of any other statutory provision.

    (3) An appeal under this Part is to lie to the Court of Appeal.

    (4) Such an appeal may be brought only with the leave of the judge or the Court of Appeal.

(a) it informs the court that it intends to appeal; or

(b) it requests an adjournment to consider whether to appeal and if such an adjournment is granted, it informs the court following the adjournment that it intends to appeal.

    (5) If the prosecution requests an adjournment under paragraph (4)(b), the judge may grant such an adjournment.

    (6) Where the ruling relates to two or more offences - 

(a) any one or more of those offences may be the subject of the appeal; and

(b) if the prosecution informs the court in accordance with paragraph (4) that it intends to appeal, it must at the same time inform the court of the offence or offences which are the subject of the appeal.

    (7) Where - 

(a) the ruling is a ruling that there is no case to answer; and

(b) the prosecution, at the same time that it informs the court in accordance with paragraph (4) that it intends to appeal, nominates one or more other rulings which have been made by a judge in relation to the trial on indictment at an applicable time and which relate to the offence or offences which are the subject of the appeal,

that other ruling, or those other rulings, are also to be treated as the subject of the appeal.

    (8) The prosecution may not inform the court in accordance with paragraph (4) that it intends to appeal, unless, at or before that time, it informs the court that it agrees that, in respect of the offence or each offence which is the subject of the appeal, the defendant in relation to that offence should be acquitted of that offence if either of the conditions mentioned in paragraph (9) is fulfilled.

    (9) Those conditions are - 

(a) that leave to appeal to the Court of Appeal is not obtained; and

(b) that the appeal is abandoned before it is determined by the Court of Appeal.

    (10) If the prosecution informs the court in accordance with paragraph (4) that it intends to appeal, the ruling mentioned in paragraph (1) is to continue to have no effect in relation to the offence or offences which are the subject of the appeal whilst the appeal is pursued.

    (11) If and to the extent that a ruling has no effect in accordance with this Article - 

(a) any consequences of the ruling are also to have no effect;

(b) the judge may not take any steps in consequence of the ruling; and

(c) if he does so, any such steps are also to have no effect.

(a) a single qualifying evidentiary ruling; or

(b) two or more qualifying evidentiary rulings.

    (2) A "qualifying evidentiary ruling" is an evidentiary ruling of a judge in relation to a trial on indictment which is made at any time (whether before or after the commencement of the trial) before the opening of the case for the defence.

    (3) The prosecution may not appeal in respect of a single qualifying evidentiary ruling unless the ruling relates to one or more qualifying offences (whether or not it relates to any other offence).

    (4) The prosecution may not appeal in respect of two or more qualifying evidentiary rulings unless each ruling relates to one or more qualifying offences (whether or not it relates to any other offence).

    (5) If the prosecution intends to appeal under this Article, it must before the opening of the case for the defence inform the court - 

(a) of its intention to do so; and

(b) of the ruling or rulings to which the appeal relates.

    (6) In respect of the ruling, or each ruling, to which the appeal relates - 

(a) the qualifying offence, or at least one of the qualifying offences, to which the ruling relates must be the subject of the appeal; and

(b) any other offence to which the ruling relates may, but need not, be the subject of the appeal.

    (7) The prosecution must, at the same time that it informs the court in accordance with paragraph (5), inform the court of the offence or offences which are the subject of the appeal.

    (8) For the purposes of this Article, the case for the defence opens when, after the conclusion of the prosecution evidence, the earliest of the following events occurs - 

(a) evidence begins to be adduced by or on behalf of a defendant;

(b) it is indicated to the court that no evidence will be adduced by or on behalf of a defendant;

(c) a defendant's case is opened, as permitted by section 2 of the Criminal Procedure Act 1865 (c. 18).

    (9) In this Article - 

"evidentiary ruling" means a ruling which relates to the admissibility or exclusion of any prosecution evidence;

"qualifying offence" means - 

(a) an offence described in Schedule 2;

(b) an offence of aiding, abetting, counselling or procuring the commission of an offence described in Schedule 2.

    (10) The Secretary of State may by order amend that Schedule by doing any one or more of the following - 

(a) adding a description of offence;

(b) removing a description of offence for the time being included;

(c) modifying a description of offence for the time being included.

(a) any supplementary, incidental or consequential provision; and

(b) any transitory, transitional or saving provision,

which the Secretary of State considers necessary or expedient.

    (2) An order containing provision made under - 

(a) Article 21(10); or

(b) Article 36(1),

    " (5) A constable may conduct a search under paragraph (1) - 


(a) before the person is taken to a police station or released on bail under Article 32A; and

(b) without obtaining an authorisation under paragraph (4),



if the condition in paragraph (5A) is satisfied.

    (5A) The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.".

     2. In Article 35 (limitations on police detention), for paragraph (8) substitute - 

    " (8) For the purposes of this Part a person who - 


(a) attends a police station to answer to bail granted under Article 32A;

(b) returns to a police station to answer to bail granted under this Part; or

(c) is arrested under Article 32D or 47A,



is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail under Article 32A or this Part.".

     3. In Article 36(1) (designated police stations), for "Article 32(3), (5) and (6)" substitute "Articles 32(3), (5) and (6), 32A(5) and 32D(2)".

     4. In Article 37 (custody officers at police stations), after paragraph (7) insert - 

    " (7A) Subject to paragraph (7B), paragraph (7) applies where a person attends a police station which is not a designated station to answer to bail granted under Article 32A as it applies where a person is taken to such a station.

    (7B) Where paragraph (7) applies because of paragraph (7A), the reference in paragraph (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail under Article 32A.".

     5. In Article 42(2) (calculation of periods of time), after sub-paragraph (b) insert - 

" (ba) in the case of a person who attends a police station to answer to bail granted under Article 32A, the time when he arrives at the police station;".


The Police (Northern Ireland) Act 2003 (c.6)

     6. In Schedule 2, in paragraph 22 (powers of escort officer to take arrested person to prison) in sub-paragraph (1)(a), for "paragraph (1) of Article 32" substitute "paragraph (1A) of Article 32".

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