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Criminal Justice Act 2003, Section 45 is up to date with all changes known to be in force on or before 17 August 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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(1)This section applies—
(a)[F2to 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 [F343 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)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F343 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
F1Word 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)
F2S. 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
F3Words 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)
F4S. 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
I1S. 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)
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