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Part IIIE+W+S Preparatory Hearings

IntroductionE+W

28 Introduction.E+W

(1)This Part applies in relation to an offence if—

(a)[F1on or after the appointed day the accused is sent for trial for the offence concerned,]

(b)[F2proceedings for the trial on the charge concerned are transferred to the Crown Court on or after the appointed day, or]

(c)a bill of indictment relating to the offence is preferred on or after the appointed day under the authority of section 2(2)(b) [F3or (ba)] of the M1Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of a judge).

(2)References in subsection (1) to the appointed day are to such day as is appointed for the purposes of this section by the Secretary of State by order.

(3)If an order under this section so provides, this Part applies only in relation to the Crown Court sitting at a place or places specified in the order.

(4)References in this Part to the prosecutor are to any person acting as prosecutor, whether an individual or a body.

Subordinate Legislation Made

P1S. 28(2) power wholly exercised (21.3.1997): 15.4.1997 appointed day by S.I. 1997/1019.

Textual Amendments

F1S. 28(1)(a) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 66(6)(a); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)

F2S. 28(1)(b) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 66(6)(b), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)

Marginal Citations