Section 45: Procedure for applications under sections 43 and section44

Criminal Justice Act 2003 · 2003 c. 44View on legislation.gov.uk

Part 7: Trials on indictment without a jury

This section applies—

to an application under section 43, and
to an application under section 44.

An application to which this section applies must be determined at a preparatory hearing (within the meaning of the 1987 Act or Part 3 of the 1996 Act).

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.

In section 7(1) of the 1987 Act (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—

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 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application, "

In section 29 of the 1996 Act (power to order preparatory hearing) after subsection (1) there is inserted—

In subsection (2) of that section (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application, "

In this section—

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.