Criminal Justice Act 2003

Part 7 E+W Trials on indictment without a jury

Prospective

43 Applications by prosecution for certain fraud cases to be conducted without a jury U.K.

[F1 (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.]

Textual Amendments

F1 S. 43 repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 113, 120, Sch. 10 Pt. 10

44 Application by prosecution for trial to be conducted without a jury where danger of jury tampering E+W

(1) This section applies where one or more defendants are to be tried on indictment for one or more 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 both of the following two conditions are fulfilled, he must 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 first condition is that there is evidence of a real and present danger that jury tampering would take place.

(5) The second condition is that, notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would take place would be so substantial as to make it necessary in the interests of justice for the trial to be conducted without a jury.

(6) The following are examples of cases where there may be evidence of a real and present danger that jury tampering would take place—

(a) a case where the trial is a retrial and the jury in the previous trial was discharged because jury tampering had taken place,

(b) a case where jury tampering has taken place in previous criminal proceedings involving the defendant or any of the defendants,

(c) a case where there has been intimidation, or attempted intimidation, of any person who is likely to be a witness in the trial.

Commencement Information

I1 S. 44 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)

45 Procedure for applications under [F2 sections 43 and ][F2 section]44 E+W+NI

(1) This section applies—

(a) [F3 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 [F4 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) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F4 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).

Textual Amendments

F2 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)

F3 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

F4 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)

F5 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

Commencement Information

I2 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)

46 Discharge of jury because of jury tampering U.K.

(1) This section applies where—

(a) a judge is minded during a trial on indictment to discharge the jury, and

(b) he is so minded because jury tampering appears to have taken place.

(2) Before taking any steps to discharge the jury, the judge must—

(a) inform the parties that he is minded to discharge the jury,

(b) inform the parties of the grounds on which he is so minded, and

(c) allow the parties an opportunity to make representations.

(3) Where the judge, after considering any such representations, discharges the jury, he may make an order that the trial is to continue without a jury if, but only if, he is satisfied—

(a) that jury tampering has taken place, and

(b) that to continue the trial without a jury would be fair to the defendant or defendants;

but this is subject to subsection (4).

(4) If the judge considers that it is necessary in the interests of justice for the trial to be terminated, he must terminate the trial.

(5) Where the judge terminates the trial under subsection (4), he may make an order that any new trial which is to take place must be conducted without a jury if he is satisfied in respect of the new trial that both of the conditions set out in section 44 are likely to be fulfilled.

(6) Subsection (5) is without prejudice to any other power that the judge may have on terminating the trial.

(7) Subject to subsection (5), nothing in this section affects the application of section [F6 43 or] 44 in relation to any new trial which takes place following the termination of the trial.

Textual Amendments

F6 Words in s. 46(7) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 148(3), Sch. 10 Pt. 10

Commencement Information

I3 S. 46 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)

47 Appeals E+W

(1) An appeal shall lie to the Court of Appeal from an order under section 46(3) or (5).

(2) Such an appeal may be brought only with the leave of the judge or the Court of Appeal.

(3) An order from which an appeal under this section lies is not to take effect—

(a) before the expiration of the period for bringing an appeal under this section, or

(b) if such an appeal is brought, before the appeal is finally disposed of or abandoned.

(4) On the termination of the hearing of an appeal under this section, the Court of Appeal may confirm or revoke the order.

(5) Subject to rules of court made under section 53(1) of the Supreme Court Act 1981 (c. 54) (power by rules to distribute business of Court of Appeal between its civil and criminal divisions)—

(a) the jurisdiction of the Court of Appeal under this section is to be exercised by the criminal division of that court, and

(b) references in this section to the Court of Appeal are to be construed as references to that division.

(6) In section 33(1) of the Criminal Appeal Act 1968 (c. 19) (right of appeal to House of Lords) after “1996” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.

(7) In section 36 of that Act (bail on appeal by defendant) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.

(8) The Secretary of State may make an order containing provision, in relation to proceedings before the Court of Appeal under this section, which corresponds to any provision, in relation to appeals or other proceedings before that court, which is contained in the Criminal Appeal Act 1968 (subject to any specified modifications).

Commencement Information

I4 S. 47 wholly in force at 24.7.2006, see s. 336(3) and S.I. 2006/1835, art. 2 (subject to art. 3)

48 Further provision about trials without a jury U.K.

(1) The effect of an order under section [F7 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[F8 the requirement under section 4A of the Criminal Procedure (Insanity) Act 1964 that any question, finding or verdict mentioned in that section be determined, made or returned by a jury].

Textual Amendments

F7 Word in s. 48(1) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 148(4), Sch. 10 Pt. 10

F8 S. 48(6): words substituted (31.3.2005) for s. 48(6)(a)(b) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 59, 60 {Sch. 10 para. 60} (with Sch. 12 para. 8); S.I. 2005/579, art. 3(f)(g)

Commencement Information

I5 S. 48 partly in force; s. 48 not in force at Royal Assent, see s. 336(3); s. 48 in force for certain purposes at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3)

49 Rules of court E+W

(1) Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Part.

(2) Without limiting subsection (1), rules of court may in particular make provision for time limits within which applications under this Part must be made or within which other things in connection with this Part must be done.

(3) Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.

50 Application of Part 7 to Northern Ireland U.K.

(1) In its application to Northern Ireland this Part is to have effect—

(a) subject to subsection (2), and

(b) subject to the modifications in subsections (3) to (16).

(2) This Part does not apply in relation to a trial to which section 75 of the Terrorism Act 2000 (c. 11) (trial without jury for certain offences) applies.

(3) For section 45 substitute—

“45 Procedure for applications under sections 43 and 44

(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—

(a) at a preparatory hearing (within the meaning of the 1988 Order), or

(b) at a hearing specified in, or for which provision is made by, Crown Court rules.

(3) The parties to a hearing mentioned in subsection (2) 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 Article 6(1) of the 1988 Order (which sets out the purposes of preparatory hearings) for sub-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; or”.

(5) In Article 8(11) of the 1988 Order (appeal to Court of Appeal) after “(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, ”.

(6) In this section “the 1988 Order” means the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988.”

(4) For section 47(1) substitute—

“(1) An appeal shall lie to the Court of Appeal—

(a) from the refusal by a judge at a hearing mentioned in section 45(2)(b) of an application to which section 45 applies or from an order of a judge at such a hearing under section 43 or 44 which is made on the determination of such an application,

(b) from an order under section 46(3) or (5).”

(5) In section 47(3) after “order” insert “ or a refusal of an application ”.

(6) In section 47(4) for “confirm or revoke the order” substitute—

“(a) where the appeal is from an order, confirm or revoke the order, or

(b) where the appeal is from a refusal of an application, confirm the refusal or make the order which is the subject of the application”.

(7) Omit section 47(5).

(8) For section 47(6) substitute—

“(6) In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to [F9 Supreme Court]) after “1988” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.”

(9) For section 47(7) substitute—

“(7) In section 35 of that Act (bail) after “hearings)” there is inserted “ or section 47 of the Criminal Justice Act 2003 ”.”

(10) In section 47(8)

[F10 (a) for “Secretary of State” substitute Department of Justice in Northern Ireland; and

(b)] for “Criminal Appeal Act 1968” substitute “ Criminal Appeal (Northern Ireland) Act 1980 ”.

(11) In section 48(4) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.

(12) For section 48(5)(b) substitute—

“(b) the reference in section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (notice of appeal or application for leave) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).”

(13) In section 48(6)—

[F11 (a) for “section 4A of the Criminal Procedure (Insanity) Act 1964” substitute Article 49A of the Mental Health (Northern Ireland) Order 1986, and

(b) for “that section” substitute that Article.]

(14) After section 48 insert—

“48A Reporting restrictions

(1) Sections 41 and 42of the Criminal Procedure and Investigations Act 1996 (c. 25) are to apply in relation to—

(a) a hearing of the kind mentioned in section 45(2)(b), and

(b) any appeal or application for leave to appeal relating to such a hearing,

as they apply in relation to a ruling under section 40 of that Act, but subject to the following modifications.

(2) Section 41(2) of that Act is to have effect as if for paragraphs (a) to (d) there were substituted—

“(a) a hearing of the kind mentioned in section 45(2)(b) of the Criminal Justice Act 2003;

(b) any appeal or application for leave to appeal relating to such a hearing.”

(3) Section 41(3) of that Act is to have effect as if—

(a) for “(2)” there were substituted “ (2)(a) or an application to that judge for leave to appeal to the Court of Appeal ”, and

(b) after “matter” in the second place where it occurs there were inserted “ or application ”.

(4) Section 41 of that Act is to have effect as if after subsection (3) there were inserted—

“(3A) The Court of Appeal may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—

(a) an appeal to that Court, or

(b) an application to that Court for leave to appeal.

(3B) The [F12 Supreme Court] may order that subsection (1) shall not apply, or shall not apply to a specified extent, to a report of—

(a) an appeal to [F13 the Supreme Court] , or

(b) an application to [F13 the Supreme Court] for leave to appeal.”

(5) Section 41(4) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the [F14 Supreme Court] ”.

(6) Section 41(5) of that Act is to have effect as if for “(3) the judge” there were substituted “ (3), (3A) or (3B), the judge, the Court of Appeal or the [F14 Supreme Court] ”.”

(15) For section 49(2) substitute—

“(2) Without limiting subsection (1), rules of court may in particular make provision—

(a) for time limits within which applications under this Part must be made or within which other things in connection with this Part must be done;

(b) in relation to hearings of the kind mentioned in section 45(2)(b) and appeals under section 47.”

(16) In section 49(3)—

(a) after “section” insert “ or section 45(2)(b) ”, and

(b) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.

Textual Amendments

F9 Words in s. 50(8) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(a)}; S.I. 2009/1604, art. 2(d)

F10 Words in s. 50(10) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 78(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F11 S. 50(13)(a)(b) substituted (31.3.2005) for s. 50(13)(a)-(c) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 59, 60 {Sch. 10 para. 61} (with Sch. 12 para. 8); S.I. 2005/579, art. 3(e)

F12 Words in s. 50(14) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(b)}; S.I. 2009/1604, art. 2(d)

F13 Words in s. 50(14) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(b)}; S.I. 2009/1604, art. 2(d)

F14 Words in s. 50(14) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) ss. 40(4), 148, {Sch. 9 para. 82(2)(c)}; S.I. 2009/1604, art. 2(d)

Commencement Information

I6 S. 50 partly in force; s. 50 not in force at Royal Assent, see s. 336(3); s. 50 in force for certain purposes at 8.1.2007 by S.I. 2006/3422, art. 2