Extent Information
E1Sch. 4 extends to Northern Ireland but the operation of Sch. 4 is limited by application as mentioned in s. 79(4)
15U.K.In section 39 for subsections (2) and (3) substitute—
“(2)For the purposes of this Part a hearing is also a pre-trial hearing if—
(a)it relates to a trial on indictment to be held in pursuance of an indictment presented under the authority of section 2(2)(c), (d), (e) F1... of the Grand Jury (Abolition) Act (Northern Ireland) 1969, and
(b)it takes place after the indictment has been presented and before the start of the trial.
[F2(2A)But, for the purposes of this Part, a hearing of the kind mentioned in section 45(2)(b) of the Criminal Justice Act 2003 is not a pre-trial hearing.]
(3)For the purposes of this section the start of a trial on indictment occurs—
(a)in the case of a trial to which [F3section 5 of the Justice and Security (Northern Ireland) Act 2007] applies (trial by court without a jury), at the opening of the case for the prosecution or, if the court accepts a plea of guilty before that time, when that plea is accepted,
(b)in any other case, [F4at the time when a jury is sworn] to consider the issue of guilt or fitness to be tried or, if the court accepts a plea of guilty before [F5the time when a jury is sworn] , when that plea is accepted,
but this is subject to Article 7 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988.”
Textual Amendments
F1Sch. 4 para. 15: "section 39 as it applies to Northern Ireland, in subsection (2)(a), the words "or (f)"" repealed (12.4.2010) by virtue of Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87, Sch. 13; S.R. 2010/113, art. 2, Sch. para. 21(q)
F2Words in Sch. 4 para. 15 inserted (24.7.2006 for E.W. and otherwise 8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 72(2); S.I. 2006/1835, art. 2(h) (subject to art. 3); S.I. 2006/3422, art. 2(c)
F3Words in Sch. 4 para. 15 substituted (N.I.) (1.8.2007 and shall expire 1.8.2009 in accordance with s. 9(1) of the amending Act) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 8, 53(4), Sch. 1 para. 1(4); S.I. 2007/2045, art. 2(q) (with art. 3 and with S.I. 2007/2259, art. 2)
F4Words in Sch. 4 para. 15 substituted (24.7.2006 for E.W. and otherwise 8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 72(3); S.I. 2006/1835, art. 2(h) (subject to art. 3); S.I. 2006/3422, art. 2(c)
F5Words in Sch. 4 para. 15 substituted (24.7.2006 for E.W. and otherwise 8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 72(3); S.I. 2006/1835, art. 2(h) (subject to art. 3); S.I. 2006/3422, art. 2(c)