Criminal Procedure and Investigations Act 1996

Part IV of this Act U.K.

15 U.K. In 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) F1 ... 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.

[F2 (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 [F3 section 5 of the Justice and Security (Northern Ireland) Act 2007] 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, [F4 at 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 [F5 the 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

F1 Sch. 4 para. 15: "section 39 as it applies to Northern Ireland, in subsection (2)(a), the words "or (f)"" repealed (12.4.2010) by virtue of Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87, Sch. 13; S.R. 2010/113, art. 2, Sch. para. 21(q)

F2 Words 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)

F3 Words in Sch. 4 para. 15 substituted (N.I.) (1.8.2007 and shall expire 1.8.2009 in accordance with s. 9(1) of the amending Act) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 8, 53(4), Sch. 1 para. 1(4); S.I. 2007/2045, art. 2(q) (with art. 3 and with S.I. 2007/2259, art. 2)

F4 Words 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)

F5 Words 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)

[F6 15A U.K. In section 39(4) for “(3)” substitute (3)(b).]

Textual Amendments

F6 Sch. 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

16 U.K. F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 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)

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