Question proposed, That the clause stand part of the Bill.

I apologise for not giving notice that I intended to raise the following issue, which has just occurred to me. An appeal to the House of Lords, as set out in section 33 of the Criminal Appeal Act 1968 is allowed only with the leave of the Court of Appeal or the House of Lords. It is not clear whether it is intended that that should apply in this case or whether the right to an appeal should be automatic. An appeal to the House of Lords with leave—the only way that it can occur—is available only if the Court of Appeal certifies that a point of law of public importance is at stake. Is it intended that that should be a criterion in these appeals, too, or will there be an appeal as of right?

As a rule, the House of Lords deals only with issues of law, so it will be a novel concept if it is obliged to deal with this issue, which, although it involves a lot of law, might involve hearing witnesses. I am not aware of any case in the House of Lords in which that has been done.

The hon. and learned Lady makes an interesting point. I had assumed that an appeal was to be only on a point of law, the same as any other appeal to the House of Lords. In view of the nature of such applications to the Court of Appeal, there would be few occasions on which one went to the House of Lords, as most require a reconsideration of the facts. However, there may be occasions when the interpretation placed by the Court of Appeal on the facts that might allow a retrial could lead to those who represented the acquitted person to argue that the rules set down in clauses 65 and 66 were not being followed, and that they wanted a legal ruling on the point. That is how I assumed the matter would proceed.

I am happy to confirm that clause 68 would allow appeals on a point of law to be made to the House of Lords on decisions made by the Court of Appeal in respect of applications for acquittals to be quashed. The clause would also allow for a defendant to be present at the appeal hearing.

My hon. and learned Friend the Member for Redcar (Vera Baird) asked about the mechanism. If she agrees, I shall write to her on that point.

Question put and agreed to.

Clause 68 ordered to stand part of the Bill.