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3. (1) This Order shall not apply if the trial, appeal or the hearing, as the case may be, has begun before 1st September 2004.
(2) For the purposes of this Order, the start of the trial shall be taken to occur at the time when the jury are sworn.
(3) The reference in paragraph (2) to the time when the jury are sworn includes the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003 (1) (trials on indictment without a jury).
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