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Criminal Procedure and Investigations Act 1996

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Changes over time for: Section 40

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Point in time view as at 01/09/2004.

Changes to legislation:

Criminal Procedure and Investigations Act 1996, Section 40 is up to date with all changes known to be in force on or before 14 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

40 Power to make rulings.E+W+N.I.

(1)A judge may make at a pre-trial hearing a ruling as to—

(a)any question as to the admissibility of evidence;

(b)any other question of law relating to the case concerned.

(2)A ruling may be made under this section—

(a)on an application by a party to the case, or

(b)of the judge’s own motion.

(3)Subject to subsection (4), a ruling made under this section has binding effect from the time it is made until the case against the accused or, if there is more than one, against each of them is disposed of; and the case against an accused is disposed of if—

(a)he is acquitted or convicted, or

(b)the prosecutor decides not to proceed with the case against him.

(4)A judge may discharge or vary (or further vary) a ruling made under this section if it appears to him that it is in the interests of justice to do so; and a judge may act under this subsection—

(a)on an application by a party to the case, or

(b)of the judge’s own motion.

(5)No application may be made under subsection (4)(a) unless there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made.

(6)The judge referred to in subsection (4) need not be the judge who made the ruling or, if it has been varied, the judge (or any of the judges) who varied it.

(7)For the purposes of this section the prosecutor is any person acting as prosecutor, whether an individual or a body.

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