Clause 36 - Application by defendant for trial to be conducted without jury
Criminal Justice Bill
10:00 am
Mr David Kidney (Stafford, Labour)
Presumably, the rules of court will set out the procedure for making such applications. After all, looking ahead to clause 39, if the judge thinks that subsection (6), (7) or (8) applies and the application must be refused, there will have to be a pre-trial hearing, so presumably, at some stage, there will be some indication that a person is making an application. Although an application might not list the reasons in detail, it will include some information on the basis of which the judge can determine whether he needs to consider whether subsection (6), (7) or (8) applies.