Part IV Rulings

39Meaning of pre-trial hearing.

(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)

F1after the accused has been sent for trial for the offence, 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) F2or (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), 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 F3at the time 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 F4the time when 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).

F5(4)

The references in subsection (3) to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.