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91. Clause 36 will allow a defendant in the Crown Court to 'opt out' of a jury trial by applying for a trial by a judge alone. The judge will be able to refuse an application in specified circumstances, for example, where there is a co-defendant who opposes it. Importantly, Clause 36(8) provides that the judge must refuse an application if there are exceptional circumstances which make it necessary in the public interest to conduct the trial with a jury.