'(1) In its application to Northern Ireland this Part is to have effect—

(a) subject to subsection (2), and

(b) subject to the modifications in subsections (3) to (10).

(2) This Part does not apply in relation to a trial to which section 75 of the Terrorism Act 2000 (c.11) (trial without jury for certain offences) applies.

(3) For section 39 substitute—

''39 Procedure for applications under sections 36 to 38

(1) This section applies—

(a) to an application under section 36 which appears to the judge to raise questions as to whether subsection (6), (7) or (8) of that section applies,

(b) to an application under section 37, and

(c) to an application under section 38.

(2) An application to which this section applies must be determined—

(a) at a preparatory hearing (within the meaning of the 1988 Order), or

(b) at a hearing specified in, or for which provision is made by, Crown Court rules.

(3) The parties to a hearing mentioned in subsection (2) 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.

(4) In Article 6(1) of the 1988 Order (which sets out the purposes of preparatory hearings) for subparagraphs (a) to (c) there is substituted—

''(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial;

(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them;

(c) determining an application to which section 39 of the Criminal Justice Act 2003 applies; or''.

(5) In Article 8(11) of the 1988 Order (appeal to Court of Appeal) after ''(3),'' there is inserted ''from the refusal by a judge of an application to which section 39 of the Criminal Justice Act 2003 applies or from an order of a judge under section 36, 37 or 38 of that Act which is made on the determination of such an application,''.

(6) In this section ''the 1988 Order'' means the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988.''

(4) For section 41(1) substitute—

''(1) An appeal shall lie to the Court of Appeal—

(a) from the refusal by a judge at a hearing mentioned in section 39(2)(b) of an application to which section 39 applies or from an order of a judge at such a hearing under section 36, 37 or

38 which is made on the determination of such an application,

(b) from an order under section 40(3) or (5).''

(5) In section 41(3) after ''order'' insert ''or a refusal of an application''.

(6) In section 41(4) for ''confirm or revoke the order'' substitute—

''(a) where the appeal is from an order, confirm or revoke the order, or

(b) where the appeal is from a refusal of an application, confirm the refusal or make the order which is the subject of the application''.

(7) Omit section 41(5).

(8) For section 41(6) substitute—

''(6) In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c.47) (right of appeal to House of Lords) after ''1988'' there is inserted ''or section 41 of the Criminal Justice Act 2003''.''

(9) For section 41(7) substitute—

''(7) In section 35 of that Act (bail) after ''hearings)'' there is inserted ''or section 41 of the Criminal Justice Act 2003''.''

(10) For section 42(5)(b) substitute—

''(b) the reference in section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c.47) (notice of appeal or application for leave) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).''.'.

—[Hilary Benn.]

Brought up, read the First and Second time, and added to the Bill.