Criminal Justice Act 2003, section 74

Interpretation of Part 9

Part 9 Prosecution appeals

(1)In this Part—

  • “programme service” has the meaning given by section 71(11),

  • “publication” has the meaning given by section 71(11),

  • “qualifying evidentiary ruling” is to be construed in accordance with section 62(2),

  • “the relevant condition” is to be construed in accordance with section 63(2) and (3),

  • “relevant programme” has the meaning given by section 71(11),

  • “ruling” includes a decision, determination, direction, finding, notice, order, refusal, rejection or requirement,

  • “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

(2)Any reference in this Part (other than section 73(2)(c)) to a judge is a reference to a judge of the Crown Court.

(3)There is to be no right of appeal under this Part in respect of a ruling in relation to which the prosecution has previously informed the court of its intention to appeal under either section 58(4) or 62(5).

(4)Where a ruling relates to two or more offences but not all of those offences are the subject of an appeal under this Part, nothing in this Part is to be regarded as affecting the ruling so far as it relates to any offence which is not the subject of the appeal.

(5)Where two or more defendants are charged jointly with the same offence, the provisions of this Part are to apply as if the offence, so far as relating to each defendant, were a separate offence (so that, for example, any reference in this Part to a ruling which relates to one or more offences includes a ruling which relates to one or more of those separate offences).

(6)Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—

(a)the jurisdiction of the Court of Appeal under this Part is to be exercised by the criminal division of that court, and

(b)references in this Part to the Court of Appeal are to be construed as references to that division.

[F123 (7)In its application to a trial on indictment in respect of which an order under section 17(2) of the Domestic Violence, Crime and Victims Act 2004 has been made, this Part is to have effect with such modifications as the Secretary of State may by order specify.F123]

Definitions used in section 74 1

the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act

Cases considering section 74 8

R v BQL & Anor

[2025] EWCA Crim 561 · 11 February 2025Interprets

The court applied the definition of consent as agreement by choice with freedom and capacity to choose. A person who lacks capacity through intoxication cannot consent despite apparently willing conduct. (see paras [35]-[37]; [46]-[47])

R v AYP

[2024] EWCA Crim 952 · 23 May 2024Defines

The court relied on section 74’s wide definition of “ruling” to hold that an order for an indictment to lie on the file was appealable under section 58. (see paras [17]; [20]-[24])

Clarke, R. v

[2007] EWCA Crim 2532 · 9 October 2007Defines

The court relied on the wide statutory definition of “ruling”, which includes a decision, order, refusal or rejection. That definition brought the adjournment refusal within the terminating-ruling appeal process (see paras [27]-[28]).

What each judgment says about section 74 is in the case-law panel in the full Act.

Explanatory note

309.Subsection (3) prevents the same ruling from being appealed against more than once. Subsection (4) provides that where a ruling relates to more than one offence any appeal does not affect the ruling in relation to an offence that is not the subject of the appeal. Subsection (5) provides that two defendants charged jointly with the same offence are to be treated as charged with separate offences. This, when read in conjunction with, say, section 58 (6), will mean that an appeal will be possible against a ruling so far as it relates to only one of the defendants.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F123S. 74(7) inserted (8.1.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 62; S.I. 2006/3423, art. 2 (subject to art. 3)

Commencement

  1. I48S. 74 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 4 (subject to art. 2(2), Sch. 2)