Determination of prosecution appeals: Northern Ireland

‘In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500) (determination of prosecution appeals by Court of Appeal) for paragraph (5) substitute—

“(5) But the Court of Appeal may not make an order under paragraph (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under paragraph (4)(a) or (b).”’.—[Maria Eagle.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

We have not discussed the new clause previously, but we have discussed something remarkably similar to it. It is the Northern Ireland equivalent to clause 27, which applies to England and Wales. The clause will alter the test which the Court of Appeal applies in deciding whether a trial should be resumed or a retrial take place following the successful prosecution appeal against a ruling discontinuing a trial. This is merely the equivalent provision for Northern Ireland.

Question put and agreed to.

Clause read a Second time, and added to the Bill.