(1)For the purposes of this Part a hearing is a pre-trial hearing if it relates to a trial on indictment and it takes place—
(a)[F1after the accused has been sent for trial for the offence, and]
(b)before the start of the trial.
(2)For the purposes of this Part a hearing is also a pre-trial hearing if—
(a)it relates to a trial on indictment to be held in pursuance of a bill of indictment preferred under the authority of section 2(2)(b) [F2or (ba)] of the M1Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of a judge), and
(b)it takes place after the bill of indictment has been preferred and before the start of the trial.
(3)For the purposes of this section the start of a trial on indictment occurs [F3at the time when a jury is sworn] to consider the issue of guilt or fitness to plead or, if the court accepts a plea of guilty before [F4the time when a jury is sworn] , when that plea is accepted; but this is subject to section 8 of the M2Criminal Justice Act 1987 and section 30 of this Act (preparatory hearings).
[F5(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.]
Extent Information
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
Textual Amendments
F1S. 39(1)(a) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 66(7); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
F2Words in s. 39(2)(a) inserted (24.2.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 17 para. 37(4) (with Sch. 17 para. 39); S.I. 2014/258, art. 2(b)
F3Words in s. 39(3) substituted (24.7.2006 for E.W. and 8.1.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 71(2); S.I. 2006/1835, art. 2 (subject to art. 3); S.I. 2006/3422, art. 2
F4Words in s. 39(3) substituted (24.7.2006 for E.W. and 8.1.2007 for N.I) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 71(2); S.I. 2006/1835, art. 2 (subject to art. 3); S.I. 2006/3422, art. 2
F5S. 39(4) inserted (24.7.2006 for E.W. and 8.1.2007 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 71(3); S.I. 2006/1835, art. 2(h) (subject to art. 3); S.I. 2006/3422, art. 2
Marginal Citations