SCHEDULE 36Further minor and consequential amendments
Part 4Trials on indictment without a jury
Criminal Justice Act 1987 (c. 38)
52
The Criminal Justice Act 1987 is amended as follows.
53
(1)
Section 7 (power to order preparatory hearing) is amended as follows.
(2)
In subsection (1) for “the jury are sworn” there is substituted “
the time when the jury are sworn
”
.
(3)
“(2A)
The reference in subsection (1) above to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.”
54
(1)
Section 9 (the preparatory hearing) is amended as follows.
(2)
In subsection (4)(b) for “the jury” there is substituted “
a jury
”
.
(3)
In subsection (13) for “no jury shall be sworn” there is substituted “
the preparatory hearing shall not be concluded
”
.
55
(1)
Section 10 (later stages of trial) is amended as follows.
(2)
In subsection (2) after “jury” there is inserted “
or, in the case of a trial without a jury, the judge
”
.
(3)
In subsection (3) for “deciding whether to give leave” there is substituted “
doing anything under subsection (2) above or in deciding whether to do anything under it
”
.
(4)
In subsection (4) for “Except as provided by this section” there is substituted “
Except as provided by this section, in the case of a trial with a jury
”
.