Application to the court for trial without a jury in other cases

(1) In any other case not falling within the scope of section 65A of this Act, the prosecution may apply to the judge for the trial 56 to be conducted without a jury on any one or more of the grounds set out in sub-section (2). (2) The grounds for making the application referred to in sub- section (1) are the following– (a) that in view of the nature and circumstances of the case, there is a danger of jury tampering or the intimidation of jurors or witnesses; (b) that a material witness is afraid or unwilling to give evidence before a jury; (c) that the case involves a criminal gang element and would be properly tried without a jury; or (d) that the complexity of the trial or the length of the trial (or both) is likely to make the trial so burdensome to the jury that the interests of justice require that the trial should be conducted without a jury. (3) Without prejudice to sub-sections (1) and (2), any person charged with an offence not falling within the scope of section 65A above, may apply to the judge for the trial to be conducted without a jury on the ground that in view of the pre-trial publicity attracted by the case, he is unlikely to have a fair trial with a jury. (4) Every application made in pursuance of sub-section (1) or (3) shall be heard and determined by the judge in the absence of the jury and both the prosecution and the accused person shall be given an opportunity to make representations with respect to the (5) If the judge is satisfied that the relevant ground as specified in sub-section (2) or (3), as the case may be, has been established, he shall make an order that the trial shall be conducted without a jury, including the preliminary issue (if raised) of fitness 57 to plead or to stand trial, but if he is not so satisfied he shall refuse the application, Provided that where the application is made by an accused person pursuant to sub-section (3) and there are other persons jointly charged with him, the judge shall not make an order for the trial to be conducted without a jury unless all the accused persons so jointly charged agree. (6) No appeal shall lie against the order of the judge granting or refusing the application for the trial to be conducted without a jury.