Sch 36 para 94
For section 31(3) (definition of defendant and prosecutor) there is substituted— (3) In this Part of this Act “the defendant”— (a) in relation to an appeal under subsection (1) above against a decision of the Court on an appeal under Part 1 of this Act, means the person who was the appellant before the Court; (b) in relation to an appeal under subsection (1) above against any other decision, means a defendant in the proceedings before the Crown Court who was a party to the proceedings before the Court; (c) in relation to an appeal under subsection (1B) above, shall be construed in accordance with subsection (4) below; and, subject to subsection (1A) above, “ prosecutor ” shall be construed accordingly.