SCHEDULE 36Further minor and consequential amendments
Part 4Trials on indictment without a jury
Criminal Procedure and Investigations Act 1996 (c. 25)
65
The Criminal Procedure and Investigations Act 1996 is amended as follows.
66
(1)
Section 29 (power to order preparatory hearing) is amended as follows.
(2)
In subsection (1)(a) for “the jury are sworn” there is substituted “
the time when the jury are sworn
”
.
(3)
“(5)
The reference in subsection (1)(a) 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.”
67
In section 31(4)(b)
(the preparatory hearing) for “the jury” there is substituted “
a jury
”
.
68
(1)
Section 34 (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) 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
”
.
69
In section 35(2)
(appeals to Court of Appeal) for “no jury shall be sworn” there is substituted “
the preparatory hearing shall not be concluded
”
.
70
In section 36(2)
(appeals to House of Lords) for “no jury shall be sworn” there is substituted “
the preparatory hearing shall not be concluded
”
.
71
(1)
Section 39 (meaning of pre-trial hearing) is amended as follows.
(2)
In subsection (3)—
(a)
for “when a jury is sworn” there is substituted “
at the time when a jury is sworn
”
,
(b)
for “a jury is sworn” there is substituted “
the time when a jury is sworn
”
.
(3)
“(4)
The references in subsection (3) to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.”
72
(1)
Schedule 4 (modifications for Northern Ireland) is amended as follows.
(2)
“(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)
In paragraph 15 in paragraph (b) of the substituted version of section 39(3)—
(a)
for “when a jury is sworn” there is substituted “
at the time when a jury is sworn
”
, and
(b)
for “a jury is sworn” there is substituted “
the time when a jury is sworn
”
.
(4)
“15A
In section 39(4) for “(3)” substitute
“ (3)(b) ”.”