Criminal Justice and Courts Bill

I would be most grateful if my right hon. Friend addressed the point I raised. What is the difference between the current common law test, which enables courts to allow leave or a remedy in a case of inevitability —in other words, if it is obvious and inevitable that the decision will be the same, the courts already have the power to say, “No, you can’t have leave or a remedy”—and his proposed test, in clause 64, about whether it is “highly likely” that the decision will be the same?