(1)For the purposes of this Part a hearing is a pre-trial hearing if it relates to a trial on indictment and it takes place—
(a)after the accused has been committed for trial for the offence concerned [F1, after the accused has been sent for trial for the offence under section 51 of the Crime and Disorder Act 1998,] or after the proceedings for the trial have been transferred to the Crown Court, and
(b)before the start of the trial.
(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 a bill of indictment preferred under the authority of section 2(2)(b) 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), and
(b)it takes place after the bill of indictment has been preferred and before the start of the trial.
(3)For the purposes of this section the start of a trial on indictment occurs when a jury is sworn to consider the issue of guilt or fitness to plead or, if the court accepts a plea of guilty before a jury is sworn, when that plea is accepted; but this is subject to section 8 of the M2Criminal Justice Act 1987 and section 30 of this Act (preparatory hearings).
Extent Information
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
Textual Amendments
F1Words in s. 39(1)(a) inserted (E.W.) (4.1.1999 for the purpose of sending any person for trial under 1998 c. 37, s. 51 from any area specified in S.I. 1998/2327, Sch. 2 and 15.1.2001 as specified in S.I. 2000/3283, art. 2, 3, and otherwiseprosp.) by 1998 c. 37, s. 119, Sch. 8 para. 129; S.I. 1998/2327, art. 4(2)(c); S.I. 2000/3283, art. 2 (subject to art. 3)
Marginal Citations