Criminal Justice Act 2003 (c. 44)

SCHEDULES

SCHEDULE 36 Further minor and consequential amendments

Part 4 Trials on indictment without a jury

Indictments Act 1915 (c. 90)

40 (1) Section 5 of the Indictments Act 1915 (orders for amendment of indictment, separate trial and postponement of trial) is amended as follows.

(2) In subsection (5)(a) for “are to” there is substituted “(if there is one)”.

(3) In subsection (5)(b) after “discharged” there is inserted “under paragraph (a)”.

Criminal Law Act 1967 (c. 58)

41 In section 6(4) of the Criminal Law Act 1967 (trial of offences) after “jury” there is inserted “or otherwise act”.

Criminal Justice Act 1967 (c. 80)

42 In section 17 of the Criminal Justice Act 1967 (entry of verdict of not guilty by order of a judge)—

(a) for “the defendant being given in charge to a jury” there is substituted “any further steps being taken in the proceedings”, and

(b) after “verdict of a jury” there is inserted “or a court”.

Criminal Law Act (Northern Ireland) 1967 (c. 18)

43 In section 6(3) of the Criminal Law Act (Northern Ireland) 1967 (trial of offences) after “jury” there is inserted “or otherwise act”.

Criminal Appeal Act 1968 (c. 19)

44 In section 7(2)(c) of the Criminal Appeal Act 1968 (power to order retrial)—

(a) for “the jury were discharged from giving a verdict” there is substituted “no verdict was given”, and

(b) for “convicting him” there is substituted “his being convicted”.

Judicature (Northern Ireland) Act 1978 (c. 23)

45 (1) Section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trial on indictment) is amended as follows.

(2) In subsection (6A) for “the jury are sworn” there is substituted “the time when the jury are sworn”.

(3) After subsection (6A) there is inserted—

“(6B) The reference in subsection (6A) to the time when the jury are sworn includes the time when the jury would be sworn but for—

(a) the making of an order under Part 7 of the Criminal Justice Act 2003, or

(b) the application of section 75 of the Terrorism Act 2000.”

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

46 In section 6(3)(c) of the Criminal Appeal (Northern Ireland) Act 1980 (power to order retrial) for “the jury were discharged from giving a verdict” there is substituted “no verdict was given”.

Supreme Court Act 1981 (c. 54)

47 (1) Section 76 of the Supreme Court Act 1981 (committal for trial: alteration of place of trial) is amended as follows.

(2) In subsection (2A) for “the jury are sworn” there is substituted “the time when the jury are sworn”

(3) After subsection (2A) there is inserted—

“(2B) The reference in subsection (2A) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.”

Police and Criminal Evidence Act 1984 (c. 60)

48 (1) Section 77 of the Police and Criminal Evidence Act 1984 (confessions of mentally handicapped persons) is amended as follows.

(2) In subsection (1) after “indictment” there is inserted “with a jury”.

(3) In subsection (2) after “indictment” there is inserted “with a jury”.

(4) After subsection (2) there is inserted—

“(2A) In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.”

Prosecution of Offences Act 1985 (c. 23)

49 The Prosecution of Offences Act 1985 is amended as follows.

50 In section 7A(6)(a) (powers of non-legal staff) for “by a jury” there is substituted “on indictment”.

51 (1) Section 22 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings) is amended as follows.

(2) In subsection (11A)—

(a) for “when a jury is sworn” there is substituted “at the time when a jury is sworn”,

(b) for “a jury is sworn” there is substituted “the time when a jury is sworn”.

(3) After that subsection there is inserted—

“(11AA) The references in subsection (11A) above 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.”

Criminal Justice Act 1987 (c. 38)

52 The Criminal Justice Act 1987 is amended as follows.

53 (1) Section 7 (power to order preparatory hearing) is amended as follows.

(2) In subsection (1) for “the jury are sworn” there is substituted “the time when the jury are sworn”.

(3) After subsection (2) there is inserted—

“(2A) The reference in subsection (1) above to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.”

54 (1) Section 9 (the preparatory hearing) is amended as follows.

(2) In subsection (4)(b) for “the jury” there is substituted “a jury”.

(3) In subsection (13) for “no jury shall be sworn” there is substituted “the preparatory hearing shall not be concluded”.

55 (1) Section 10 (later stages of trial) is amended as follows.

(2) In subsection (2) after “jury” there is inserted “or, in the case of a trial without a jury, the judge”.

(3) In subsection (3) for “deciding whether to give leave” there is substituted “doing anything under subsection (2) above or in deciding whether to do anything under it”.

(4) In subsection (4) for “Except as provided by this section” there is substituted “Except as provided by this section, in the case of a trial with a jury”.

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))

56 The Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 is amended as follows.

57 (1) Article 6 (power to order preparatory hearing) is amended as follows.

(2) In paragraph (1) for “the jury are sworn” there is substituted “the time when the jury are sworn”.

(3) After paragraph (2) there is inserted—

“(2A) The reference in paragraph (1) to the time when the jury are sworn includes the time when the jury would be sworn but for—

(a) the making of an order under Part 7 of the Criminal Justice Act 2003, or

(b) the application of section 75 of the Terrorism Act 2000.”

58 (1) Article 8 (the preparatory hearing) is amended as follows.

(2) In paragraph (4)(b) for “the jury” there is substituted “a jury”.

(3) In paragraph (12) for “no jury shall be sworn” there is substituted “the preparatory hearing shall not be concluded”.

59 (1) Article 9 (later stages of trial) (as originally enacted) is amended as follows.

(2) In paragraph (1) after “jury” there is inserted “or, in the case of a trial without a jury, the judge”.

(3) In paragraph (2) for “deciding whether to give leave” there is substituted “doing anything under paragraph (1) or in deciding whether to do anything under it”.

(4) In paragraph (3) for “Except as provided by this Article” there is substituted “Except as provided by this Article, in the case of a trial with a jury”.

60 (1) Article 9 (later stages of trial) (as substituted by paragraph 6 of Schedule 3 to the Criminal Procedure and Investigations Act 1996 (c. 25)) is amended as follows.

(2) In paragraph (2) after “jury” there is inserted “or, in the case of a trial without a jury, the judge”.

(3) In paragraph (3) for “deciding whether to give leave” there is substituted “doing anything under paragraph (2) or in deciding whether to do anything under it”.

(4) In paragraph (4) for “Except as provided by this Article” there is substituted “Except as provided by this Article, in the case of a trial with a jury”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

61 (1) Article 75 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (confessions of mentally handicapped persons) is amended as follows.

(2) In paragraph (1) after “indictment” there is inserted “with a jury”.

(3) In paragraph (2) after “indictment” there is inserted “with a jury”.

(4) After paragraph (2) there is inserted—

“(2A) In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under paragraph (1) would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.”

Criminal Justice and Public Order Act 1994 (c. 33)

62 The Criminal Justice and Public Order Act 1994 is amended as follows.

63 In section 35(2) (effect of accused’s silence at trial) after “indictment” there is inserted “with a jury”.

64 In section 51(10)(b) (intimidation of witnesses, jurors and others) after “finding” there is inserted “otherwise than in circumstances where the proceedings are continued without a jury”.

Criminal Procedure and Investigations Act 1996 (c. 25)

65 The Criminal Procedure and Investigations Act 1996 is amended as follows.

66 (1) Section 29 (power to order preparatory hearing) is amended as follows.

(2) In subsection (1)(a) for “the jury are sworn” there is substituted “the time when the jury are sworn”.

(3) After subsection (4) there is inserted—

“(5) The reference in subsection (1)(a) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.”

67 In section 31(4)(b) (the preparatory hearing) for “the jury” there is substituted “a jury”.

68 (1) Section 34 (later stages of trial) is amended as follows.

(2) In subsection (2) after “jury” there is inserted “or, in the case of a trial without a jury, the judge”.

(3) In subsection (3) for “deciding whether to give leave” there is substituted “doing anything under subsection (2) or in deciding whether to do anything under it”.

(4) In subsection (4) for “Except as provided by this section” there is substituted “Except as provided by this section, in the case of a trial with a jury”.

69 In section 35(2) (appeals to Court of Appeal) for “no jury shall be sworn” there is substituted “the preparatory hearing shall not be concluded”.

70 In section 36(2) (appeals to House of Lords) for “no jury shall be sworn” there is substituted “the preparatory hearing shall not be concluded”.

71 (1) Section 39 (meaning of pre-trial hearing) is amended as follows.

(2) In subsection (3)—

(a) for “when a jury is sworn” there is substituted “at the time when a jury is sworn”,

(b) for “a jury is sworn” there is substituted “the time when a jury is sworn”.

(3) After that subsection there is inserted—

“(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.”

72 (1) Schedule 4 (modifications for Northern Ireland) is amended as follows.

(2) In paragraph 15 after the substituted version of section 39(2) there is inserted—

“(2A) But, for the purposes of this Part, a hearing of the kind mentioned in section 45(2)(b) of the Criminal Justice Act 2003 is not a pre-trial hearing.”

(3) In paragraph 15 in paragraph (b) of the substituted version of section 39(3)—

(a) for “when a jury is sworn” there is substituted “at the time when a jury is sworn”, and

(b) for “a jury is sworn” there is substituted “the time when a jury is sworn”.

(4) After paragraph 15 there is inserted—

“15A In section 39(4) for “(3)” substitute “(3)(b)”.”

Crime and Disorder Act 1998 (c. 37)

73 In paragraph 2(2) of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal) for “a jury properly to convict him” there is substituted “him to be properly convicted”.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

74 The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

75 In section 32 (warning to jury) after “indictment” there is inserted “with a jury”.

76 In section 39(1) (warning to jury) after “indictment” there is inserted “with a jury”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

77 In paragraph 19(6)(c) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (general interpretation) after “finding” there is inserted “otherwise than in circumstances where the proceedings are continued without a jury”.

Proceeds of Crime Act 2002 (c. 29)

78 In section 316(9)(c) of the Proceeds of Crime Act 2002 (general interpretation) after “finding” there is inserted “otherwise than in circumstances where the proceedings are continued without a jury”.