Criminal Procedure Act 2021

Appeal of certain orders made at preliminary trial hearing

7. (1) Where the trial court makes a relevant order at a preliminary trial hearing to the effect that evidence shall not be admitted at the trial of the offence, the prosecution may, subject to subsection (2), appeal the order on a question of law to—

(a) the Court of Appeal, or

(b) in the case of an order made by the Central Criminal Court, the Court of Appeal or the Supreme Court under Article 34.5.4° of the Constitution.

(2) An appeal referred to in this section shall lie only where the relevant order concerned made by the trial court erroneously excluded evidence which is—

(a) reliable,

(b) of significant probative value, and

(c) such that when taken together with the relevant evidence proposed to be adduced in the proceedings a jury, or in the case of an offence being tried before a Special Criminal Court, that court, might reasonably be satisfied beyond a reasonable doubt of the accused’s guilt in respect of the offence concerned.

(3) An appeal referred to in this section shall be made on notice to the accused to whom the appeal relates within 28 days or such longer period not exceeding 56 days as the Supreme Court or the Court of Appeal, as the case may be, may, on application to it in that behalf, determine, from the day on which the ruling was made.

(4) Where the accused fails to appear before the Supreme Court or the Court of Appeal, as the case may be, in respect of an appeal referred to in this section, the court, if it is satisfied that it is, in all the circumstances, in the interests of justice to do so, may proceed to hear and determine the appeal in the absence of the accused concerned.

(5) For the purposes of considering an appeal referred to in this section the Supreme Court or the Court of Appeal, as the case may be, shall hear argument—

(a) by, or by counsel on behalf of, the prosecution,

(b) by, or by counsel on behalf of, the accused, and

(c) if counsel are assigned under subsection (6), by such counsel.

(6) The Supreme Court or the Court of Appeal, as the case may be, shall assign counsel to argue in support of the exclusion of the evidence referred to in subsection (1) if—

(a) the accused does not wish to be represented or heard under subsection (5)(b), or

(b) notwithstanding the fact that the accused concerned exercises his or her right to be represented or heard under subsection (5)(b), the court considers it desirable in the public interest to do so.

(7) Where an appeal referred to in this section has been made to the Supreme Court or the Court of Appeal and a legal aid (Supreme Court) certificate or a legal aid (appeal) certificate, as the case may be, is granted under subsection (8), or deemed to have been granted under subsection (9), in respect of the accused, he or she shall be entitled to free legal aid in the preparation and conduct of any argument that he or she wishes to make to the Supreme Court or the Court of Appeal, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of the Act of 1962.

(8) The accused may, in relation to an appeal referred to in this section, apply for a legal aid (Supreme Court) certificate to the Supreme Court or a legal aid (appeal) certificate to the Court of Appeal, as the case may be, either—

(a) by letter to the registrar of the Supreme Court or the registrar of the Court of Appeal, as the case may be, setting out the facts of the case and the grounds of the application, or

(b) to the Supreme Court, or the Court of Appeal, itself, as the case may be,

and the court concerned shall grant the certificate if (but only if) it appears to the court that the means of the accused are insufficient to enable him or her to obtain legal aid.

(9) If a legal aid (trial on indictment) certificate was granted under the Act of 1962 in respect of the accused concerned in relation to the proceedings in respect of the offence concerned, a legal aid (Supreme Court) certificate or a legal aid (appeal) certificate, as the case may be, shall be deemed to have been granted in respect of him or her in relation to an appeal referred to in this section.

(10) On an appeal referred to in this section the Supreme Court or the Court of Appeal, as the case may be, may affirm or quash the order under appeal.

(11) In this section—

“legal aid (appeal) certificate” has the same meaning as it has in the Act of 1962;

“legal aid (Supreme Court) certificate” has the same meaning as it has in the Act of 1962;

“legal aid (trial on indictment) certificate” has the same meaning as it has in the Act of 1962;

“relevant evidence”, in relation to an accused, means the proposed evidence contained in such of the following as have been served on the accused or his or her solicitor pursuant to section 4B or 4C of the Act of 1967:

(a) the documents specified in section 4B(1)(b) of that Act;

(b) the exhibits listed in the list of exhibits referred to in section 4B(1)(b)(vii) of that Act;

(c) the documents specified in section 4C(1) of that Act;

(d) the exhibits listed in the list of exhibits referred to in section 4C(1)(g) of that Act.