(1)This section applies where a judge makes a ruling in relation to a trial on indictment at an applicable time and the ruling relates to one or more offences included in the indictment.
(2)The prosecution may appeal in respect of the ruling in accordance with this section.
(3)The ruling is to have no effect whilst the prosecution is able to take any steps under subsection (4).
(4)The prosecution may not appeal in respect of the ruling unless—
(a)following the making of the ruling, it—
(i)informs the court that it intends to appeal, or
(ii)requests an adjournment to consider whether to appeal, and
(b)if such an adjournment is granted, it informs the court following the adjournment that it intends to appeal.
(5)If the prosecution requests an adjournment under subsection (4)(a)(ii), the judge may grant such an adjournment.
(6)Where the ruling relates to two or more offences—
(a)any one or more of those offences may be the subject of the appeal, and
(b)if the prosecution informs the court in accordance with subsection (4) that it intends to appeal, it must at the same time inform the court of the offence or offences which are the subject of the appeal.
(7)Where—
(a)the ruling is a ruling that there is no case to answer, and
(b)the prosecution, at the same time that it informs the court in accordance with subsection (4) that it intends to appeal, nominates one or more other rulings which have been made by a judge in relation to the trial on indictment at an applicable time and which relate to the offence or offences which are the subject of the appeal,
that other ruling, or those other rulings, are also to be treated as the subject of the appeal.
(8)The prosecution may not inform the court in accordance with subsection (4) that it intends to appeal, unless, at or before that time, it informs the court that it agrees that, in respect of the offence or each offence which is the subject of the appeal, the defendant in relation to that offence should be acquitted of that offence if either of the conditions mentioned in subsection (9) is fulfilled.
(9)Those conditions are—
(a)that leave to appeal to the Court of Appeal is not obtained, and
(b)that the appeal is abandoned before it is determined by the Court of Appeal.
(10)If the prosecution informs the court in accordance with subsection (4) that it intends to appeal, the ruling mentioned in subsection (1) is to continue to have no effect in relation to the offence or offences which are the subject of the appeal whilst the appeal is pursued.
(11)If and to the extent that a ruling has no effect in accordance with this section—
(a)any consequences of the ruling are also to have no effect,
(b)the judge may not take any steps in consequence of the ruling, and
(c)if he does so, any such steps are also to have no effect.
(12)Where the prosecution has informed the court of its agreement under subsection (8) and either of the conditions mentioned in subsection (9) is fulfilled, the judge or the Court of Appeal must order that the defendant in relation to the offence or each offence concerned be acquitted of that offence.
(13) In this section “applicable time”, in relation to a trial on indictment, means any time (whether before or after the commencement of the trial) before the [F113 time when the judge starts his F113] summing-up to the jury.
[F114 (14)The reference in subsection (13) to the time when the judge starts his summing-up to the jury includes the time when the judge would start his summing-up to the jury but for the making of an order under Part 7.F114]
276.This section sets out the procedure that must be followed when the prosecution wishes to appeal against a terminating ruling. The section covers both rulings that are formally terminating and those that are de facto terminating in the sense that they are so fatal to the prosecution case that, in the absence of a right of appeal, the prosecution would offer no or no further evidence. It applies to rulings made at an applicable time during a trial (which is defined in subsection (13) as any time before the start of the judge’s summing up to the jury).
277.By virtue of subsection (4), following the ruling, the prosecution must either inform the court that it intends to appeal or request an adjournment to consider whether to appeal (subsection (4)(a)). If such an adjournment is requested, the judge has the discretion to grant it (subsection (5)) but that discretion will be exercised in accordance with rules of court or other guidance. It is likewise envisaged that the period of any adjournment will be specified in rules of court. Following such an adjournment the prosecution must advise the court whether or not it intends to appeal (subsection (4)(b)). Under subsection (6), a ruling which affects more than one offence need not be appealed against insofar as it affects all the offences. It can be appealed against, if the prosecutor wishes, only insofar as it affects one or more of the offences.
278.Subsections (3), (10) and (11) provide that the judge's ruling has no effect while the prosecution follows the procedure in subsection (4) in order to consider whether to appeal or is pursuing an appeal.
279.It is only possible for the prosecutor to appeal under this section against a single ruling. However, under subsection (7), where the ruling that is the subject of the appeal is a ruling of no case to answer the prosecutor may nominate other rulings that relate to the offence that is the subject of the appeal, for the Court of Appeal to consider at the same time. These rulings will also be regarded as the subject of the appeal.
280.Where the prosecution fails to obtain leave to appeal or abandons the appeal, the prosecution must agree that an acquittal follow by virtue of subsections (8) and (9).