Part 7

Trials on indictment without a jury

Further provision about trials without a jury
48
1
The effect of an order under section 43, 44 or 46(5) is that the trial to which the order relates is to be conducted without a jury.
2
The effect of an order under section 46(3) is that the trial to which the order relates is to be continued without a jury.
3
Where a trial is conducted or continued without a jury, the court is to have all the powers, authorities and jurisdiction which the court would have had if the trial had been conducted or continued with a jury (including power to determine any question and to make any finding which would be required to be determined or made by a jury).
4
Except where the context otherwise requires, any reference in an enactment to a jury, the verdict of a jury or the finding of a jury is to be read, in relation to a trial conducted or continued without a jury, as a reference to the court, the verdict of the court or the finding of the court.
5
Where a trial is conducted or continued without a jury and the court convicts a defendant—
a
the court must give a judgment which states the reasons for the conviction at, or as soon as reasonably practicable after, the time of the conviction, and
b
the reference in section 18(2) of the Criminal Appeal Act 1968 (c. 19) (notice of appeal or of application for leave to appeal to be given within 28 days from date of conviction etc) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).
6
Nothing in this Part affects—
a
the requirement under section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84) that a question of fitness to be tried be determined by a jury, or
b
the requirement under section 4A of that Act that any question, finding or verdict mentioned in that section be determined, made or returned by a jury.