Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Advanced Features

 Help about advanced features

Changes to legislation:

The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988, Preparatory hearings is up to date with all changes known to be in force on or before 17 August 2017. 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Commencement Orders yet to be applied to the The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Order into force:

Preparatory hearingsN.I.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

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)

Commencement of trial and arraignmentN.I.

7.—(1) If a judge orders a preparatory hearing, the trial shall begin with that hearing.

(2) Arraignment shall accordingly take place at the start of the preparatory hearing.

The preparatory hearingN.I.

8.—(1) At the preparatory hearing the judge may exercise any of the powers specified in this Article.

(2) The judge may adjourn a preparatory hearing from time to time.

(3) He may determine—

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

[F6(aa)a question arising under Article 43 of the Criminal Justice (Northern Ireland) Order 1996 (relevance of external law to certain charges of conspiracy, attempt and incitement); and]

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

(4) He may order the prosecution—

(a)to supply the court and the defendant or, if there is more than one, each of them with a statement (a case statement ) of the following—

(i)the principal facts of the prosecution case;

(ii)the witnesses who will speak to those facts;

(iii)any exhibits relevant to those facts;

(iv)any proposition of law on which the prosecution proposes to rely; and

(v)the consequences in relation to any of the counts in the indictment that appear to the prosecution to flow from the matters stated in pursuance of heads (i) to (iv);

(b)to prepare their evidence and other explanatory material in such a form as appears to him to be likely to aid comprehension by[F7 a jury] and to supply it in that form to the court and to the defendant or, if there is more than one, to each of them;

(c)to give the court and the defendant or, if there is more than one, each of them notice of documents the truth of the contents of which ought in the prosecution's view to be admitted and of any other matters which in their view ought to be agreed;

(d)to make any amendments of any case statement supplied in pursuance of an order under sub‐paragraph ( a ) that appear to the court to be appropriate, having regard to objections made by the defendant or, if there is more than one, by any of them.

(5) Where—

(a)a judge has ordered the prosecution to supply a case statement; and

(b)the prosecution have complied with the order,

he may order the defendant or, if there is more than one, each of them—

Sub-para. (i) rep. by 2003 c. 44

(ii)to give the court and the prosecution notice of any objections that he has to the case statement;

Sub-para. (iii) rep. by 2003 c. 44

(iv)to give the court and the prosecution a notice stating the extent to which he agrees with the prosecution as to documents and other matters to which a notice under paragraph (4)( c ) relates and the reason for any disagreement.

(6) Crown Court rules may provide that except to the extent that disclosure is required

[F8(a)by[F9 section 5(7) of the Criminal Procedure and Investigations Act 1996]; or

(b)by Article 80 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (expert evidence)]

a summary required by virtue of paragraph (5) need not disclose who will give evidence.

(7) A judge making an order under paragraph (5) shall warn the defendant or, if there is more than one, all of them of the possible consequence under Article 9F10. . . of not complying with it.

(8) If it appears to a judge that reasons given in pursuance of paragraph (5)(iv) are inadequate, he shall so inform the person giving them, and may require him to give further or better reasons.

(9) An order under this Article may specify the time within which any specified requirement contained in it is to be complied with, but Crown Court rules may make provision as to the minimum or maximum time that may be specified for compliance.

(10) An order or ruling made [F11under this Article] shall have effect during the trial, unless it appears to the judge, on application made to him during the trial, that the interests of justice require him to vary or discharge it.

(11) An appeal shall lie to the Court of Appeal from any order or ruling of a judge under paragraph (3),[F12 from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application,] but only with the leave of the judge or of the Court of Appeal.

(12) The judge may continue a preparatory hearing notwithstanding that leave to appeal has been granted under paragraph (11), but[F13 the preparatory hearing shall not be concluded] until after the appeal has been determined or abandoned.

(13) On the termination of the hearing of an appeal, the Court of Appeal may confirm, reverse or vary the decision appealed against.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F9Words in art. 8(6)(a) substituted (4.7.1996 with application as mentioned in s. 74(5) of the amending Act) by Criminal Procedure and Investigations Act 1996 (c. 25), s. 74(4) (as modified in its application to Northern Ireland by Sch. 4 para. 31(3))

F10Word in art. 8(7) 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. 4(2), Sch. 5 (as modified in its application to Northern Ireland by Sch. 4 paras. 35, 36)

F11Words in art. 8(10) 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. 4(3) (as modified in its application to Northern Ireland by Sch. 4 para. 35)

F12Words in art. 8(11) inserted (8.1.2007 for certain purposes, otherwise prosp.) by Criminal Justice Act 2003 (c. 44), ss. 45(5) (as modified in its application to Northern Ireland by s. 50(3)), 336(3); S.I. 2006/3422, art. 2(a)

[F14Orders before preparatory hearingN.I.

8A.(1) Paragraph (2) applies where—

(a)a judge orders a preparatory hearing, and

(b)he decides that any order which could be made under Article 8(4) or (5) at the hearing should be made before the hearing.

(2) In such a case—

(a)he may make any such order before the hearing (or at the hearing), and

(b)paragraphs (4) to (10) of Article 8 shall apply accordingly.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F14Art. 8A inserted (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. 5 (as modified in its application to Northern Ireland by Sch. 4 para. 35)

[F15Later stages of trialN.I.

F169.(1) Any party may depart from the case he disclosed in pursuance of a requirement imposed under Article 8.

(2) Where—

(a)a party departs from the case he disclosed in pursuance of a requirement imposed under Article 8, or

(b)a party fails to comply with such a requirement,

the judge or, with the leave of the judge, any other party may make such comment as appears to the judge or the other party (as the case may be) to be appropriate and the jury [F17or, in the case of a trial without a jury, the judge] may draw such inference as appears proper.

(3) In [F18doing anything under paragraph (2) or in deciding whether to do anything under it] the judge shall have regard—

(a)to the extent of the departure or failure, and

(b)to whether there is any justification for it.

(4) [F19Except as provided by this Article, in the case of a trial with a jury] no part—

(a)of a statement given under Article 8(5), or

(b)of any other information relating to the case for the accused or, if there is more than one, the case for any of them, which was given in pursuance of a requirement imposed under Article 8,

may be disclosed at a stage in the trial after the jury have been sworn without the consent of the accused concerned.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F15Art. 9 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. 6 (as modified in its application to Northern Ireland by Sch. 4 para. 35)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources