(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 (16).
[(2) This Part does not apply in relation to a trial to which section 5 of the Justice and Security (Northern Ireland) Act 2007 (trials on indictment without a jury) applies.]
(3) For section 45 substitute—
(1) This section applies—
(a) to an application under section 43, and
(b) to an application under section 44.
(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 sub-paragraphs (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 45 of the Criminal Justice Act 2003 applies; or”.
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