HC Deb 24 May 2000 vol 350 c495W
Mrs. Gilroy

To ask the Secretary of State for the Home Department what the terms of reference are for the Law Commission's review of the law governing prosecution appeals in criminal proceedings. [124079]

Mr. Straw

The Law Commission published a consultation document on the law of double jeopardy on 12 October 1999 following my request to them of 2 July 1999 as part of the Government's response to the Stephen Lawrence report. The consultation period ended on 31 January 2000 and the Commission is considering the responses received before making its final recommendations to the Government. As the terms of reference intended, the consultation document did refer to prosecution rights of appeal but not in any detail as to how these might be achieved.

I have, therefore, today formally asked the Law Commission to undertake a review of the law governing prosecution appeals against judge directed acquittals in criminal proceedings and other adverse rulings by a judge which may lead to the premature ending of the trial. The terms of reference for this review are: To consider

  1. (a) whether any, and if so, what additional rights of appeal or other remedies should be available to the prosecution from adverse rulings of a judge in a trial on indictment which the prosecution may wish to overturn and which may have resulted, whether directly or indirectly, in premature termination of the trial;
  2. (b) to what, if any, procedural restrictions such appeals would be subject and to make recommendations".

Number Rank Company Duration
May 1997 to April 1998
1 Senior Civil Service IBM 8 September 1997 to 7 August 1998
1 Grade 7 Price Waterhouse 3 September 1996 to 30 June 1998
May 1998 to April 1999
1 Senior Civil Service Woolwich Building Society 1 July 1998 to 1 January 1999
1 Senior Civil Service Systems Union Ltd. 1 April 1998 to 31 January 2000
May 1999 to April 2000
1 Senior Civil Service National Westminster Bank Plc 18 January 1999 to 3 December 1999
1 Senior Civil Service Capita RAS 1 October 1999 to 30 September 2001
1 Grade 6 British Telecom Plc 18 October 1999 to present

Other outward secondments of three months or more recorded centrally in the above periods were predominantly to local government, voluntary and charitable organisations and the European Union.

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