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Changes over time for: Section 43
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Status:
This version of this provision is prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
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Changes to legislation:
Criminal Justice Act 2003, Section 43 is up to date with all changes known to be in force on or before 27 February 2025. 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.
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Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 43:
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Prospective
43Applications by prosecution for certain fraud cases to be conducted without a juryU.K.
This section has no associated Explanatory Notes
[(1)This section applies where—
(a)one or more defendants are to be tried on indictment for one or more offences, and
(b)notice has been given under section 51B of the Crime and Disorder Act 1998 (c. 37) (notices in serious or complex fraud cases) in respect of that offence or those offences.
(2)The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury.
(3)If an application under subsection (2) is made and the judge is satisfied that the condition in subsection (5) is fulfilled, he may make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.
(4)The judge may not make such an order without the approval of the Lord Chief Justice or a judge nominated by him.
(5)The condition is that the complexity of the trial or the length of the trial (or both) is likely to make the trial so burdensome to the members of a jury hearing the trial that the interests of justice require that serious consideration should be given to the question of whether the trial should be conducted without a jury.
(6)In deciding whether or not he is satisfied that that condition is fulfilled, the judge must have regard to any steps which might reasonably be taken to reduce the complexity or length of the trial.
(7)But a step is not to be regarded as reasonable if it would significantly disadvantage the prosecution.]
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