Commentary on Sections Part 2: Criminal Justice Section 18: Procedure for applications under section 17
75.This section prescribes the procedure for determining applications for part of a trial to proceed in the absence of a jury under section 17. This provision is likely to be supplemented by rules of court. According to section 20, rules of court may make provisions which are necessary or expedient for the purposes of sections 17 to 19. Section 18 makes clear that any such application will be determined at a preparatory hearing that has been ordered (whether particularly for that purpose or not) under the relevant provisions in the Criminal Justice Act 1987 and the Criminal Procedure and Investigations Act 1996. The parties to the preparatory hearing must also be given the opportunity to make representations with respect to the application.
76.The effect of subsection (5) is that an appeal will lie to the Court of Appeal for both prosecution and defendant against the determination made by the court at a preparatory hearing on any application for part of a trial to take place without jury under section 17.