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SCHEDULES

SCHEDULE 36E+WFurther minor and consequential amendments

Part 4E+WTrials on indictment without a jury

Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846 (N.I. 16))E+W

56E+WThe Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 is amended as follows.

Commencement Information

I1Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2

57(1)Article 6 (power to order preparatory hearing) is amended as follows.E+W

(2)In paragraph (1) for “the jury are sworn” there is substituted “ the time when the jury are sworn ”.

(3)After paragraph (2) there is inserted—

(2A)The reference in paragraph (1) to the time when the jury are sworn includes the time when the jury would be sworn but for—

(a)the making of an order under Part 7 of the Criminal Justice Act 2003, or

(b)the application of section 75 of the Terrorism Act 2000.

Commencement Information

I2Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2

58(1)Article 8 (the preparatory hearing) is amended as follows.E+W

(2)In paragraph (4)(b) for “the jury” there is substituted “ a jury ”.

(3)In paragraph (12) for “no jury shall be sworn” there is substituted “ the preparatory hearing shall not be concluded ”.

Commencement Information

I3Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2

59(1)Article 9 (later stages of trial) (as originally enacted) is amended as follows.E+W

(2)In paragraph (1) after “jury” there is inserted “ or, in the case of a trial without a jury, the judge ”.

(3)In paragraph (2) for “deciding whether to give leave” there is substituted “ doing anything under paragraph (1) or in deciding whether to do anything under it ”.

(4)In paragraph (3) for “Except as provided by this Article” there is substituted “ Except as provided by this Article, in the case of a trial with a jury ”.

Commencement Information

I4Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2

60(1)Article 9 (later stages of trial) (as substituted by paragraph 6 of Schedule 3 to the Criminal Procedure and Investigations Act 1996 (c. 25)) is amended as follows.E+W

(2)In paragraph (2) after “jury” there is inserted “ or, in the case of a trial without a jury, the judge ”.

(3)In paragraph (3) for “deciding whether to give leave” there is substituted “ doing anything under paragraph (2) or in deciding whether to do anything under it ”.

(4)In paragraph (4) for “Except as provided by this Article” there is substituted “ Except as provided by this Article, in the case of a trial with a jury ”.

Commencement Information

I5Sch. 36 Pt. 4 wholly in force at 8.1.2007; Sch. 36 Pt. 4 not in force at Royal Assent, see s. 336(3); Sch. 36 Pt. 4 in force for E.W. at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3); Sch. 36 Pt. 4 in force in so far as not already in force at 8.1.2007 by S.I. 2006/3422, art. 2