15In 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) or (f) 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.
(3)For the purposes of this section the start of a trial on indictment occurs—
(a)in the case of a trial to which section 11 of the Northern Ireland (Emergency Provisions) Act 1996 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, 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 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.”