(1) Where the determination of a question whether—
(a) evidence should be admitted, whether in the exercise of a discretion or not; or
(b) a witness is competent or compellable,
depends on the judge finding that a particular fact exists, the question whether that fact exists is, for the purposes of this section, a preliminary question.
(2) Subject to subsection (3), where there is a jury, the jury shall not be present at a hearing to determine any other preliminary question unless the judge so orders.
(3) Where there is a jury, a preliminary question whether evidence of an admission, or evidence to which section 116 applies, should be admitted shall be heard and determined in the absence of the jury.
(4) In determining whether to make an order as mentioned in subsection (2), the judge shall take into account, inter alia, the following matters—
(a) whether the evidence concerned will be adduced in the course of the hearing to determine the preliminary question;
(b) whether the evidence to be adduced in the course of that hearing would be admitted if adduced at some other stage of the hearing of the proceeding, other than in some other hearing to determine a preliminary question or, in a criminal proceedings, in relation to sentencing.
(5) Section 107 (6) does not apply in a hearing to determine a preliminary question.
(6) In the application of Parts 3 and 4 in a hearing to determine a preliminary question, the facts in issue shall be taken to include the fact to which the hearing relates.
(7) Where there is a jury and the jury is not present at a hearing to determine a preliminary question, evidence shall not be adduced otherwise in the proceedings about evidence that a witness gave in that hearing unless that evidence is inconsistent with evidence otherwise given by the witness in the proceedings.