Paragraph 15.4 Determination of an applicationI1
England and Wales Not yet in force
Where an application has been made under rule 15.1(2), the court must hold a preparatory hearing for the purpose of determining whether to make an order that the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003.
Other applications made under rule 15.1 should normally be determined without a hearing.
The court officer must serve on the parties in the case, in the form set out in the Practice Direction—
notice of the determination of an application made under rule 15.1; and
an order for a preparatory hearing made by the court of its own initiative, including one that the court is required to make.
[Note. Section 45 of the Criminal Justice Act 2003 provides that an application by the prosecution for an order that the trial will be conducted without a jury must be determined at a preparatory hearing and the parties to the preparatory hearing must be given an opportunity to make representations with respect to that application.]
Annotations
Commencement
- I1
Sch. 1 para. 15.4 in force at 3.4.2006, see rule 1