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Criminal Procedure and Investigations Act 1996

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This is the original version (as it was originally enacted).

39Meaning of pre-trial hearing

(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)after the accused has been committed for trial for the offence concerned or after the proceedings for the trial have been transferred to the Crown Court, 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) of the [1933 c. 36.] Administration 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 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 a jury is sworn, when that plea is accepted; but this is subject to section 8 of the [1987 c. 38.] Criminal Justice Act 1987 and section 30 of this Act (preparatory hearings).

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