Section 3 - Preliminary facts

(1) For the purposes of this section and of section 4 a “preliminary fact” is a fact on which depends

(a) the admissibility of evidence,

(b) or the inadmissibility of evidence, the qualification or disqualification of a person to be a witness, or

(c) the existence or non-existence of a privilege.

(2) The Court shall determine the existence or non-existence of a preliminary fact.

(3) A ruling on the admissibility or the inadmissibility of evidence, the qualification or disqualification of a person to be a witness, or the existence or non-existence of a privilege implies a finding of fact which is prerequisite to it and unless otherwise provided by an enactment a separate formal finding of fact is not necessary.

(4) A party, and as regards a claim of privilege, the person claiming the privilege, may present evidence and arguments relevant to a determination under subsection (2).

(5) In making a determination under subsection (2), the Court

(a) may hear the evidence and arguments and announce its determination in the absence of the jury, and

(b) shall hear the evidence and arguments and announce its determination in the absence of the jury if the determination concerns a matter admissible only under section 120 relating to confession.

(6) Unless otherwise provided by this Act, the Court may admit evidence which requires proof of preliminary facts without prior proof of the preliminary facts on the condition that the preliminary facts will be proved later in the course of the trial, but the conditionally admitted evidence shall be disregarded if the Court determines that the preliminary facts were not proved.