Criminal Justice Act 2003 s.48 – Further provision about trials without a jury

(1)The effect of an order under section [^F7443,^F74] 44 or 46(5) is that the trial to which the order relates is to be conducted without a jury.

(2)The effect of an order under section 46(3) is that the trial to which the order relates is to be continued without a jury.

(3)Where a trial is conducted or continued without a jury, the court is to have all the powers, authorities and jurisdiction which the court would have had if the trial had been conducted or continued with a jury (including power to determine any question and to make any finding which would be required to be determined or made by a jury).

(4)Except where the context otherwise requires, any reference in an enactment to a jury, the verdict of a jury or the finding of a jury is to be read, in relation to a trial conducted or continued without a jury, as a reference to the court, the verdict of the court or the finding of the court.

(5)Where a trial is conducted or continued without a jury and the court convicts a defendant—

(a)the court must give a judgment which states the reasons for the conviction at, or as soon as reasonably practicable after, the time of the conviction, and

(b)the reference in section 18(2) of the Criminal Appeal Act 1968 (c. 19) (notice of appeal or of application for leave to appeal to be given within 28 days from date of conviction etc) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).

(6)Nothing in this Part affects [^F75 the requirement under section 4A of the Criminal Procedure (Insanity) Act 1964 that any question, finding or verdict mentioned in that section be determined, made or returned by a jury^F75] .

Definitions used in section 48 1

the court: (2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.
Defined in Sch.22 para.11(2) · see it in the full Act

Cases considering section 48 3

Shahid Mohammad v Palvaan Islaam

[2024] EWCA Crim 34 · 24 January 2024

The court treated the requirement for a reasoned judgment as an additional protection where the judge determines facts and credibility without a jury. (see paras [23]; [36])

Allen, R v

[2019] EWCA Crim 1256 · 27 June 2019

The court noted that, after an effective section 46(3) order, the judge has the jury’s powers, must give reasons for any conviction, and the ordinary appeal rights apply. It treated the present challenge as an appeal against conviction. (see paras [16]-[17])

McManaman, R v

[2016] EWCA Crim 3 · 15 January 2016

The court confirmed that a reasoned judgment is an additional safeguard where a judge, rather than a jury, assesses credibility. It enables careful appellate scrutiny. (see para [30])

What each judgment says about section 48 is in the case-law panel in the full Act.

Explanatory note

260.These provisions ensure that, where a court orders a trial to be conducted (under sections 43, 44 or 46(5)) or continued (under section 46(3)) without a jury, the trial will proceed in the usual way, except that the functions which would otherwise have been performed by a jury can be fully performed by the judge sitting alone, with suitable allowance for the obvious requirements of the change of context.

261.Where a trial is conducted or continued without a jury, and a defendant is convicted, subsection (5)(a) requires the court to give its reasons for the conviction.

262.Subsection (6) provides that the functions of a jury in determining fitness to plead are unchanged.

All the explanatory notes for the Act

Amendments and notes

3 notes from legislation.gov.uk

Amendments

F74Word in s. 48(1) repealed (E.W.) (1.5.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 148(4), Sch. 10 Pt. 10
F75S. 48(6): words substituted (31.3.2005) for s. 48(6)(a)(b) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 59, 60 {Sch. 10 para. 60} (with Sch. 12 para. 8); S.I. 2005/579, art. 3(f)(g)

Commencement

I32S. 48 partly in force; s. 48 not in force at Royal Assent, see s. 336(3); s. 48 in force for certain purposes at 24.7.2006 by S.I. 2006/1835, art. 2 (subject to art. 3)