(1) A pre-trial order made by a Judge in proceedings on indictment is binding
on the trial Judge in those proceedings unless, in the opinion of the
trial Judge, it would not be in the interests of justice for the order to be
binding.
(2) If, on an appeal against a conviction for an offence in
proceedings on indictment, a new trial is ordered, a pre-trial order made by a
Judge, or an order made by the trial Judge, in relation to the proceedings
from which the conviction arose is binding on the trial Judge hearing the
fresh trial proceedings unless--
(a) in the opinion of the trial Judge hearing
the fresh trial proceedings, it would not be in the interests of justice for
that order to be binding, or
(b) that order is inconsistent with an order
made on appeal.
(3) If proceedings on indictment before a trial Judge are
discontinued for any reason, a pre-trial order made by a Judge, or an order
made by the trial Judge, in relation to those proceedings is binding on a
trial Judge hearing any subsequent trial proceedings relating to the same
offence as the discontinued proceedings unless, in the opinion of the
trial Judge hearing the subsequent trial proceedings, it would not be in the
interests of justice for the order to be binding.
(4) In this section,
"pre-trial order" means any order made or given after the indictment is first
presented but before the empanelment of a jury for a trial.
(5) To avoid
doubt, this section extends to a ruling given on the admissibility of
evidence.
