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(d) a reference to evidence in support of an alibi shall be construed | |
in accordance with section 5; | |
(e) “witness notice” means a notice given under section 6C.” | |
Part 6 | |
Allocation and transfer of offences | 5 |
35 Allocation of offences triable either way, and sending cases to Crown Court | |
Schedule 3 (which makes provision in relation to the allocation and other | |
treatment of offences triable either way, and the sending of cases to the Crown | |
Court) shall have effect. | |
Part 7 | 10 |
Trials on indictment without a jury | |
36 Application by defendant for trial to be conducted without jury | |
(1) This section applies where one or more defendants are to be tried on | |
indictment for one or more offences. | |
(2) The defendant, or any of the defendants, may apply to a judge of the Crown | 15 |
Court for the trial to be conducted without a jury. | |
(3) Subject to subsection (4), if an application under subsection (2) is made the | |
judge must make an order that the trial is to be conducted without a jury. | |
(4) The judge must refuse an application under subsection (2) if subsection (5), (6), | |
(7) or (8) applies. | 20 |
(5) This subsection applies if two or more defendants are to be tried and any of | |
them opposes the application. | |
(6) This subsection applies if— | |
(a) the defendant, or any of the defendants, holds, or has held, an office or | |
employment concerned with the administration of civil or criminal | 25 |
justice, | |
(b) the judge is satisfied that, if that defendant were convicted of the | |
offence or any of the offences concerned, questions would arise as to | |
whether he had properly discharged the functions of that office or | |
employment or was a fit person to hold or to have held that office or | 30 |
employment, and | |
(c) the judge is satisfied that the matters mentioned in paragraphs (a) and | |
(b) give rise to exceptional circumstances which make it desirable in the | |
interests of justice for the trial to be conducted with a jury. | |
(7) This subsection applies if the judge is satisfied— | 35 |
(a) that, because of the conduct which is alleged to constitute the offence or | |
any of the offences concerned, the issues which will arise at the trial for | |
determination include issues relating to whether the administration of | |
civil or criminal justice has been prejudiced or brought into disrepute, | |
and | 40 |
| |
| |
|
| |
| |
(b) that the matters mentioned in paragraph (a) give rise to exceptional | |
circumstances which make it desirable in the interests of justice for the | |
trial to be conducted with a jury. | |
(8) This subsection applies if none of subsections (5) to (7) applies but the judge is | |
satisfied that exceptional circumstances exist which make it necessary in the | 5 |
public interest for the trial to be conducted with a jury. | |
(9) In this section “the administration of civil or criminal justice” includes the | |
investigation and prosecution of offences and the carrying out or enforcement | |
of an order or sentence of a court. | |
37 Applications by prosecution for certain complex or lengthy trials to be | 10 |
conducted without jury | |
(1) This section applies where one or more defendants are to be tried on | |
indictment for one or more offences. | |
(2) The prosecution may apply to a judge of the Crown Court for the trial to be | |
conducted without a jury. | 15 |
(3) If an application under subsection (2) is made and the judge is satisfied that | |
both of the following two conditions are fulfilled, he must make an order that | |
the trial is to be conducted without a jury; but if he is not so satisfied he must | |
refuse the application. | |
(4) The first condition is that the complexity of the trial or the length of the trial (or | 20 |
both)— | |
(a) is likely to make the trial so burdensome to the members of a jury | |
hearing the trial that it is necessary in the interests of justice for the trial | |
to be conducted without a jury, or | |
(b) would be likely to place an excessive burden upon the life of a typical | 25 |
juror. | |
(5) The second condition is that that complexity or length (or both) will be | |
attributable— | |
(a) to the fact that the issues likely to be material to the verdict of a jury | |
hearing the trial relate to arrangements, transactions or records of a | 30 |
financial or commercial nature or which relate to property, and | |
(b) to the likely nature or volume of the evidence relating to those issues. | |
(6) In deciding whether or not he is satisfied that both of those two conditions are | |
fulfilled, the judge must have regard to any steps which might reasonably be | |
taken to reduce the complexity or length of the trial. | 35 |
(7) But a step is not to be regarded as reasonable if it would significantly | |
disadvantage the prosecution. | |
38 Application by prosecution for trial to be conducted without jury where | |
danger of jury tampering | |
(1) This section applies where one or more defendants are to be tried on | 40 |
indictment for one or more offences. | |
(2) The prosecution may apply to a judge of the Crown Court for the trial to be | |
conducted without a jury. | |
| |
| |
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| |
(3) If an application under subsection (2) is made and the judge is satisfied that— | |
(a) the first condition set out below is fulfilled, and | |
(b) either or both of the second and third conditions set out below are | |
fulfilled, | |
he must make an order that the trial is to be conducted without a jury; but if he | 5 |
is not so satisfied he must refuse the application. | |
(4) The first condition is that there is real and present danger that jury tampering | |
would take place. | |
(5) The second condition is that— | |
(a) the danger is such that it would be necessary to provide police | 10 |
protection for the members of a jury hearing the trial, and | |
(b) the level and duration of that protection would be likely to place an | |
excessive burden upon the life of a typical juror. | |
(6) The third condition is that, notwithstanding any steps (including the provision | |
of police protection) which might reasonably be taken to prevent jury | 15 |
tampering, the likelihood that it would take place would be sufficiently high to | |
make it necessary in the interests of justice for the trial to be conducted without | |
a jury. | |
39 Procedure for applications under sections 36 to 38 | |
(1) This section applies— | 20 |
(a) to an application under section 36 which appears to the judge to raise | |
questions as to whether subsection (6), (7) or (8) of that section applies, | |
(b) to an application under section 37, and | |
(c) to an application under section 38. | |
(2) An application to which this section applies must be determined at a | 25 |
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. | 30 |
(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, | 35 |
(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 | |
Criminal Justice Act 2003 applies,”. | |
(5) In section 9(11) of that Act (appeal to Court of Appeal) after “above,” there is | 40 |
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 | |
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 | 45 |
subsection (1) there is inserted— | |
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“(1A) A judge of the Crown Court may also order that a preparatory hearing | |
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— | 5 |
“(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, | 10 |
(c) determining an application to which section 39(1) of the | |
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 | 15 |
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 | |
36, 37 or 38 of that Act which is made on the determination of such an | |
application,”. | |
(10) In this section— | 20 |
“the 1987 Act” means the Criminal Justice Act 1987 (c. 38), | |
“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— | 25 |
(a) a judge is minded during a trial on indictment to discharge the jury, | |
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— | 30 |
(a) give notice to the parties that he is minded to discharge the jury, | |
(b) include in that notice the grounds on which he is so minded, and | |
(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 | 35 |
is subject to subsection (4)). | |
(4) If the judge considers that it is necessary in the interests of justice for the trial | |
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 | 40 |
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 | |
(b) either or both of the second and third conditions set out in that section | |
are likely to be fulfilled. | |
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(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 | |
section 36, 37 or 38 in relation to any new trial which takes place following the | |
termination of the trial. | 5 |
41 Appeals | |
(1) An appeal shall lie to the Court of Appeal from an order under section 40(3) or | |
(5). | |
(2) Such an appeal may be brought only with the leave of the judge or the Court | |
of Appeal. | 10 |
(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 | |
(b) if such an appeal is brought, before the appeal is finally disposed of or | |
abandoned. | 15 |
(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 | |
1981 (c. 54) (power by rules to distribute business of Court of Appeal between | |
its civil and criminal divisions)— | 20 |
(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 | |
references to that division. | |
(6) In section 33(1) of the Criminal Appeal Act 1968 (c. 19) (right of appeal to | 25 |
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 | |
inserted “or section 41 of the Criminal Justice Act 2003”. | |
42 Further provision about trials without a jury | 30 |
(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. | |
(3) Where a trial is conducted or continued without a jury, the court is to have all | 35 |
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). | |
(4) Except where the context otherwise requires, any reference in an enactment to | 40 |
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. | |
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(5) Where a trial is conducted or continued without a jury and the court convicts | |
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 | 5 |
(b) the reference in section 18(2) of the Criminal Appeal Act 1968 (c. 19) | |
(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 be | |
read as a reference to the date of the judgment mentioned in paragraph | |
(a). | 10 |
43 Application of Part 7 to Northern Ireland | |
(1) In its application to Northern Ireland this Part is to have effect— | |
(a) subject to subsection (2), and | |
(b) subject to the modifications in subsections (3) to (10). | |
(2) This Part does not apply in relation to a trial to which section 75 of the | 15 |
Terrorism Act 2000 (c. 11) (trial without jury for certain offences) applies. | |
(3) For section 39 substitute— | |
“39 Procedure for applications under sections 36 to 38 | |
(1) This section applies— | |
(a) to an application under section 36 which appears to the judge to | 20 |
raise questions as to whether subsection (6), (7) or (8) of that | |
section applies, | |
(b) to an application under section 37, and | |
(c) to an application under section 38. | |
(2) An application to which this section applies must be determined— | 25 |
(a) at a preparatory hearing (within the meaning of the 1988 | |
Order), or | |
(b) at a hearing specified in, or for which provision is made by, | |
Crown Court rules. | |
(3) The parties to a hearing mentioned in subsection (2) at which an | 30 |
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 Article 6(1) of the 1988 Order (which sets out the purposes of | |
preparatory hearings) for sub-paragraphs (a) to (c) there is | 35 |
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 | 40 |
issues and expediting the proceedings before them; | |
(c) determining an application to which section 39 of the Criminal | |
Justice Act 2003 applies; or”. | |
(5) In Article 8(11) of the 1988 Order (appeal to Court of Appeal) after “(3),” | |
there is inserted “from the refusal by a judge of an application to which | 45 |
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| |
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| |
(5) section 39 of 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,”. | |
(6) In this section “the 1988 Order” means the Criminal Justice (Serious | |
Fraud) (Northern Ireland) Order 1988.” | 5 |
(4) For section 41(1) substitute— | |
“(1) An appeal shall lie to the Court of Appeal— | |
(a) from the refusal by a judge at a hearing mentioned in section | |
39(2)(b) of an application to which section 39 applies or from an | |
order of a judge at such a hearing under section 36, 37 or 38 | 10 |
which is made on the determination of such an application, | |
(b) from an order under section 40(3) or (5).” | |
(5) In section 41(3) after “order” insert “or a refusal of an application”. | |
(6) In section 41(4) for “confirm or revoke the order” substitute— | |
“(a) where the appeal is from an order, confirm or revoke the order, | 15 |
or | |
(b) where the appeal is from a refusal of an application, confirm the | |
refusal or make the order which is the subject of the | |
application”. | |
(7) Omit section 41(5). | 20 |
(8) For section 41(6) substitute— | |
“(6) In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 | |
(c. 47) (right of appeal to House of Lords) after “1988” there is inserted | |
“or section 41 of the Criminal Justice Act 2003”. | |
(9) For section 41(7) substitute— | 25 |
“(7) In section 35 of that Act (bail) after “hearings)” there is inserted “or | |
section 41 of the Criminal Justice Act 2003”.” | |
(10) For section 42(5)(b) substitute— | |
“(b) the reference in section 16(1) of the Criminal Appeal (Northern | |
Ireland) Act 1980 (notice of appeal or application for leave) to | 30 |
the date of the conviction is to be read as a reference to the date | |
of the judgment mentioned in paragraph (a).” | |
Part 8 | |
Live links | |
44 Live links in criminal proceedings | 35 |
(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— | |
(a) a summary trial, | |
(b) an appeal to the Crown Court arising out of such a trial, | 40 |
(c) a trial on indictment, | |
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