Part 7Trials on indictment without a jury

45Procedure for applications under F1sections 43 and F1section44

(1)

This section applies—

(a)

F2to an application under section 43, and

(b)

to an application under section 44.

(2)

An application to which this section applies must be determined at a preparatory hearing (within the meaning of the 1987 Act or Part 3 of the 1996 Act).

(3)

The parties to a preparatory hearing at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.

(4)

In section 7(1) of the 1987 Act (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—

“(a)

identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,

(b)

if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,

(c)

determining an application to which section 45 of the Criminal Justice Act 2003 applies,”.

(5)

In section 9(11) of that Act (appeal to Court of Appeal) after “above,” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section F343 or 44 of that Act which is made on the determination of such an application, ”.

(6)

In section 29 of the 1996 Act (power to order preparatory hearing) after subsection (1) there is inserted—

“(1A)

A judge of the Crown Court may also order that a preparatory hearing shall be held if an application to which section 45 of the Criminal Justice Act 2003 applies (application for trial without jury) is made.”

(7)

In subsection (2) of that section (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—

“(a)

identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,

(b)

if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,

(c)

determining an application to which section 45 of the Criminal Justice Act 2003 applies,”.

(8)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

In section 35(1) of that Act (appeal to Court of Appeal) after “31(3),” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section F343 or 44 of that Act which is made on the determination of such an application, ”.

(10)

In this section—

“the 1987 Act” means the Criminal Justice Act 1987 (c. 38),

“the 1996 Act” means the Criminal Procedure and Investigations Act 1996 (c. 25).