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“(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, | 5 |
(c) determining an application to which section 39(1) 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 39(1) of | |
the Criminal Justice Act 2003 applies or from an order of a judge under section | 10 |
36, 37 or 38 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 | 15 |
shall be held if an application to which section 39(1) 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 | 20 |
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 39(1) of the | 25 |
Criminal Justice Act 2003 applies,”. | |
(8) In subsections (3) and (4) of that section for “subsection (1)” there is substituted | |
“this section”. | |
(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 39(1) of | 30 |
the Criminal Justice Act 2003 applies or from an order of a judge under section | |
36, 37 or 38 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), | 35 |
“the 1996 Act” means the Criminal Procedure and Investigations Act 1996 | |
(c. 25). | |
40 Discharge of jury because of jury tampering | |
(1) This section applies where— | |
(a) a judge is minded during a trial on indictment to discharge the jury, | 40 |
and | |
(b) he is so minded because (or partly because) jury tampering appears to | |
have taken place. | |
(2) Before taking any steps to discharge the jury, the judge must— | |
(a) give notice to the parties that he is minded to discharge the jury, | 45 |
(b) include in that notice the grounds on which he is so minded, and | |
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(c) allow the parties an opportunity to make representations. | |
(3) Where the judge, after considering any such representations, discharges the | |
jury, he must make an order that the trial is to continue without a jury (but this | |
is subject to subsection (4)). | |
(4) If the judge considers that it is necessary in the interests of justice for the trial | 5 |
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— | |
(a) the first condition set out in section 38 is likely to be fulfilled, and | 10 |
(b) either or both of the second and third conditions set out in that section | |
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 | 15 |
section 36, 37 or 38 in relation to any new trial which takes place following the | |
termination of the trial. | |
41 Appeals | |
(1) An appeal shall lie to the Court of Appeal from an order under section 40(3) or | |
(5). | 20 |
(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 | 25 |
(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 | 30 |
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 | 35 |
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 41 of the Criminal | |
Justice Act 2003”. | |
(7) In section 36 of that Act (bail on appeal by defendant) after “hearings)” there is | 40 |
inserted “or section 41 of the Criminal Justice Act 2003”. | |
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42 Further provision about trials without a jury | |
(1) The effect of an order under section 36, 37, 38 or 40(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 40(3) is that the trial to which the order | |
relates is to be continued without a jury. | 5 |
(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). | 10 |
(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 | 15 |
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) | 20 |
(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 | |
read as a reference to the date of the judgment mentioned in paragraph | |
(a). | |
Part 8 | 25 |
Live links | |
43 Live links in criminal proceedings | |
(1) A witness (other than the defendant) may, if the court so directs, give evidence | |
through a live link in the following criminal proceedings. | |
(2) They are— | 30 |
(a) a summary trial, | |
(b) an appeal to the Crown Court arising out of such a trial, | |
(c) a trial on indictment, | |
(d) an appeal to the criminal division of the Court of Appeal, | |
(e) the hearing of a reference under section 9 or 11 of the Criminal Appeal | 35 |
Act 1995 (c. 35), | |
(f) a hearing before a magistrates’ court or the Crown Court which is held | |
after the defendant has entered a plea of guilty, and | |
(g) a hearing before the Court of Appeal under section 67 of this Act. | |
(3) A direction may be given under this section— | 40 |
(a) on an application by a party to the proceedings, or | |
(b) of the court’s own motion. | |
(4) But a direction may not be given under this section unless— | |
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(a) the court is satisfied that it is in the interests of the efficient or effective | |
administration of justice for the person concerned to give evidence in | |
the proceedings through a live link, | |
(b) it has been notified by the Secretary of State that suitable facilities for | |
receiving evidence through a live link are available in the area in which | 5 |
it appears to the court that the proceedings will take place, and | |
(c) that notification has not been withdrawn. | |
(5) The withdrawal of such a notification is not to affect a direction given under | |
this section before that withdrawal. | |
(6) In deciding whether to give a direction under this section the court must | 10 |
consider all the circumstances of the case. | |
(7) Those circumstances include in particular— | |
(a) the availability of the witness, | |
(b) the need for the witness to attend in person, | |
(c) the importance of the witness’s evidence to the proceedings, | 15 |
(d) the views of the witness, | |
(e) the suitability of the facilities at the place where the witness would give | |
evidence through a live link, | |
(f) whether a direction might tend to inhibit any party to the proceedings | |
from effectively testing the witness’s evidence. | 20 |
(8) The court must state in open court its reasons for refusing an application for a | |
direction under this section and, if it is a magistrates’ court, must cause them | |
to be entered in the register of its proceedings. | |
44 Effect of, and rescission of, direction | |
(1) Subsection (2) applies where the court gives a direction under section 43 for a | 25 |
person to give evidence through a live link in particular proceedings. | |
(2) The person concerned may not give evidence in those proceedings after the | |
direction is given otherwise than through a live link (but this is subject to the | |
following provisions of this section). | |
(3) The court may rescind a direction under section 43 if it appears to the court to | 30 |
be in the interests of justice to do so. | |
(4) Where it does so, the person concerned shall cease to be able to give evidence | |
in the proceedings through a live link, but this does not prevent the court from | |
giving a further direction under section 43 in relation to him. | |
(5) A direction under section 43 may be rescinded under subsection (3)— | 35 |
(a) on an application by a party to the proceedings, or | |
(b) of the court’s own motion. | |
(6) But an application may not be made under subsection (5)(a) unless there has | |
been a material change of circumstances since the direction was given. | |
(7) The court must state in open court its reasons— | 40 |
(a) for rescinding a direction under section 43, or | |
(b) for refusing an application to rescind such a direction, | |
and, if it is a magistrates’ court, must cause them to be entered in the register | |
of its proceedings. | |
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