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Criminal Justice Act 2003
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- UK Public General Acts
- 2003 c. 44
- SCHEDULE 36
- Part 4
- Criminal Procedure and Investigations...
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Point in time view as at 01/08/2012.
Changes to legislation:
Criminal Justice Act 2003, Cross Heading: Criminal Procedure and Investigations Act 1996 (c. 25) is up to date with all changes known to be in force on or before 10 November 2024. 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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Criminal Procedure and Investigations Act 1996 (c. 25)E+W
65E+WThe Criminal Procedure and Investigations Act 1996 is amended as follows.
Commencement Information
I1Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
66(1)Section 29 (power to order preparatory hearing) is amended as follows.E+W
(2)In subsection (1)(a) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”.
(3)After subsection (4) there is inserted—
“(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.”
Commencement Information
I2Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
67E+WIn section 31(4)(b) (the preparatory hearing) for “the jury” there is substituted “ a jury ”.
Commencement Information
I3Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
68(1)Section 34 (later stages of trial) is amended as follows.E+W
(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 ”.
Commencement Information
I4Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
69E+WIn section 35(2) (appeals to Court of Appeal) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.
Commencement Information
I5Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
70E+WIn section 36(2) (appeals to House of Lords) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.
Commencement Information
I6Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
71(1)Section 39 (meaning of pre-trial hearing) is amended as follows.E+W
(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)After that subsection there is inserted—
“(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.”
Commencement Information
I7Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
72(1)Schedule 4 (modifications for Northern Ireland) is amended as follows.E+W
(2)In paragraph 15 after the substituted version of section 39(2) there is inserted—
“(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)After paragraph 15 there is inserted—
“15AIn section 39(4) for “(3)” substitute “ (3)(b) ”.”
Commencement Information
I8Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2
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