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The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988

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The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, Section 6 is up to date with all changes known to be in force on or before 16 September 2019. 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


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Power to order preparatory hearingN.I.

6.—(1) Where it appears to a judge of the Crown Court that the evidence on an indictment reveals a case of fraud of such[F1seriousness or complexity] that substantial benefits are likely to accrue from a hearing (in this Order referred to as a preparatory hearing ) before[F2 the time when the jury are sworn], for the purpose of—

[F3(a)identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial;

(b)if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them;

(c)determining an application to which section 45 of the Criminal Justice Act 2003 applies; or]

(d)assisting the judge's management of the trial,

he may order that such a hearing shall be held.

(2) A judge may make an order under paragraph (1) on the application either of the prosecution or of the person indicted or, if the indictment charges a number of persons, any of them, or of his own motion.

[F4(2A) The reference in paragraph (1) to the time when the jury are sworn includes the time when the jury would be sworn but for—

(a)the making of an order under Part 7 of the Criminal Justice Act 2003, or

(b)the application of section 75 of the Terrorism Act 2000.]

(3) F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1Words in art. 6(1) substituted (4.7.1996 with application as mentioned in Sch. 3 para. 8 of the amending Act) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 72, Sch. 3 para. 3(2) (as modified in its application to Northern Ireland by Sch. 4 para. 35)

F3Art. 6(1)(a)-(c) substituted (8.1.2007 for certain purposes, otherwise prosp.) by Criminal Justice Act 2003 (c. 44), ss. 45(4), 50(3), 336(3); S.I. 2006/3422, art. 2(a)

F5Art. 6(3)-(5) repealed (4.7.1996 with application as mentioned in Sch. 3 para. 8 of the amending Act) by Criminal Procedure and Investigations Act 1996 (c. 25), ss. 72, 80, Sch. 3 para. 3(3), Sch. 5 (as modified in its application to Northern Ireland by Sch. 4 paras. 35, 36)

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