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Criminal Procedure and Investigations Act 1996

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Changes over time for: Cross Heading: Part IV of this Act

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Version Superseded: 01/08/2007

Status:

Point in time view as at 24/07/2006.

Changes to legislation:

Criminal Procedure and Investigations Act 1996, Cross Heading: Part IV of this Act is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Part IV of this ActU.K.

15In section 39 for subsections (2) and (3) substitute—

(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 an indictment presented under the authority of section 2(2)(c), (d), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969, and

(b)it takes place after the indictment has been presented and before the start of the trial.

[F1(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)For the purposes of this section the start of a trial on indictment occurs—

(a)in the case of a trial to which [F2section 75 of the Terrorism Act 2000] applies (trial by court without a jury), at the opening of the case for the prosecution or, if the court accepts a plea of guilty before that time, when that plea is accepted,

(b)in any other case, [F3at the time when a jury is sworn] to consider the issue of guilt or fitness to be tried 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 Article 7 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988.

Textual Amendments

F1Words in Sch. 4 para. 15 inserted (24.7.2006 for E.W. and otherwise 8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 72(2); S.I. 2006/1835, art. 2(h) (subject to art. 3); S.I. 2006/3422, art. 2(c)

F2Words in s. 39(3)(a) (as set out in Sch. 4 para. 15) substituted (19.2.2001) by 2000 c. 11, s. 125(1), Sch. 15 para. 13(3); S.I. 2001/421, art. 2

F3Words in Sch. 4 para. 15 substituted (24.7.2006 for E.W. and otherwise 8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 72(3); S.I. 2006/1835, art. 2(h) (subject to art. 3); S.I. 2006/3422, art. 2(c)

F4Words in Sch. 4 para. 15 substituted (24.7.2006 for E.W. and otherwise 8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 72(3); S.I. 2006/1835, art. 2(h) (subject to art. 3); S.I. 2006/3422, art. 2(c)

[F515AU.K.In section 39(4) for “(3)” substitute (3)(b).]

Textual Amendments

F5Sch. 4 para. 15A inserted (24.7.2006 for E.W and otherwise 8.1.2007) by Criminal Justice Act 2003 (c. 44), ss. 331, 336 {Sch. 36 Pt. 4 para. 72(4)}; S.I. 2006/1835, art. 2(h) (subject to article 3); S.I. 2006/3422, art. 2

16U.K.F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 4 para. 16 omitted (4.4.2005) and repealed (prosp.) by virtue of Criminal Justice Act 2003 (c. 44), ss. 311(10), 332, 336, Sch. 37 Pt. 12; S.I. 2005/950, art. 2 (with art. 2(2) and Sch. 2)

17U.K.In section 42(3) omit “in England and Wales”, and after “Attorney General” insert “ for Northern Ireland ”.

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