Part 7

Trials on indictment without a jury

Procedure for applications under sections 43 and section44
45
1
This section applies—
a
to 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 43 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 43 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).
S. 45 partly in force; s. 45 not in force at Royal Assent, see s. 336(3); s. 45 in force for certain purpose at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3)
S. 45(8) repealed (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 37(5), 39, Sch. 3; S.I. 2006/1013, art. 2
S. 45(1)(a) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 148(2)(b), Sch. 10 Pt. 10
Words in s. 45(5)(9) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 148(2)(c) (with s. 97)
Word in s. 45 substituted (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 148(2)(a)