HL Deb 20 May 1985 vol 464 c80

Clause 22, page 24, line 44, at end insert—

23 ("(12A) For the purposes of section 29(3) of the Surpeme Court Act 1981 (High Court to have power to make prerogative orders in relation to jurisdiction of Crown Court in matters which do not relate to trial on indictment) the jurisdiction conferred on the Crown Court by this section shall be taken to be part of its jurisdiction in matters other than those relating to trial on indictment.").

Lord Glenarthur

My Lords, I beg to move that this House do agree with the Commons in their Amendment No. 23. The weakness in the Bill which this amendment remedies concerns the right of appeal by accused or prosecution against the decision of a court to grant or to refuse an extension of a time limit. Whereas the unamended Bill provided for appeal to the Crown court against the decision of a magistrates' court, Section 29(3) of the 1981 Act would have had the effect of denying the possibility of any review of a decision of the Crown Court in a case triable on indictment. This is because the Act limits the prerogative powers of the High Court to matters not relating to trial on indictment.

We are not seeking to provide for appeal on a point of fact from decisions of the Crown court. However, we consider that the Bill should enable application to be made for judicial review on a point of law. This would allow the High Court to give an authoritative interpretation of the relevant provision in the Act which would be of value to the lower courts generally, and particularly where the Crown court may have made a manifestly erroneous decision.

The amendment also removes an anomaly. Judicial review would not have been available for cases to be tried on indictment but it would have been available in relation to Crown court determinations of appeals against magistrates' decisions on time limits in summary cases. The case for judicial review to be available here therefore seems to us to be a strong one.

Moved, That this House do agree with the Commons in the said amendment.—(Lord Glenarthur.)

Lord Denning

My Lords, I should just like to say that I agree entirely with what the Commons have done. It fills in a gap which otherwise would have been left in our legislation.

On Question, Motion agreed to.