Criminal Procedure and Investigations Act 1996

29 Power to order preparatory hearing. E+W

(1) Where it appears to a judge of the Crown Court that an indictment reveals a case of such complexity, [F1 a case of such seriousness] or a case whose trial is likely to be of such length, that substantial benefits are likely to accrue from a hearing—

(a) before [F2 the time when the jury are sworn] , and

(b) for any of the purposes mentioned in subsection (2),

he may order that such a hearing (in this Part referred to as a preparatory hearing) shall be held.

[F3 (1A) A judge of the Crown Court may also order that a preparatory hearing shall be held if an application to which section 45 of the Criminal Justice Act 2003 applies (application for trial without jury) is made.]

[F4 (1B) An order that a preparatory hearing shall be held must be made by a judge of the Crown Court in every case which (whether or not it falls within subsection (1) or (1A)) is a case in which at least one of the offences charged by the indictment against at least one of the persons charged is a terrorism offence.

(1C) An order that a preparatory hearing shall be held must also be made by a judge of the Crown court in every case which (whether or not it falls within subsection (1) or (1A)) is a case in which—

(a) at least one of the offences charged by the indictment against at least one of the persons charged is an offence carrying a maximum of at least 10 years' imprisonment; and

(b) it appears to the judge that evidence on the indictment reveals that conduct in respect of which that offence is charged had a terrorist connection.]

(2) The purposes are those of—

[F5 (a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,

(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,

(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies,]

(d) assisting the judge’s management of the trial.

[F6 (e) considering questions as to the severance or joinder of charges,]

[F7 (3) In a case in which it appears to a judge of the Crown Court that evidence on an indictment reveals a case of fraud of such seriousness or complexity as is mentioned in section 7 of the Criminal Justice Act 1987 (preparatory hearings in cases of serious or complex fraud)—

(a) the judge may make an order for a preparatory hearing under this section only if he is required to do so by subsection (1B) or (1C);

(b) before making an order in pursuance of either of those subsections, he must determine whether to make an order for a preparatory hearing under that section; and

(c) he is not required by either of those subsections to make an order for a preparatory hearing under this section if he determines that an order should be made for a preparatory hearing under that section;

and, in a case in which an order is made for a preparatory hearing under that section, requirements imposed by those subsections apply only if that order ceases to have effect.]

(4) [F8 An order that a preparatory hearing shall be held may be made—]

(a) on the application of the prosecutor,

(b) on the application of the accused or, if there is more than one, any of them, or

(c) of the judge’s own motion.

[F9 (5) The reference in subsection (1)(a) to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.]

[F10 (6) In this section ‘terrorism offence’ means—

(a) an offence under section 11 or 12 of the Terrorism Act 2000 (c. 11)(offences relating to proscribed organisations);

(b) an offence under any of sections 15 to 18 of that Act (offences relating to terrorist property);

(c) an offence under section 38B of that Act (failure to disclose information about acts of terrorism);

(d) an offence under section 54 of that Act (weapons training);

(e) an offence under any of sections 56 to 59 of that Act (directing terrorism, possessing things and collecting information for the purposes of terrorism [F11 , eliciting information about armed forces etc, entering or remaining in a designated area] and inciting terrorism outside the United Kingdom);

(f) an offence in respect of which there is jurisdiction by virtue of section 62 of that Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc.);

(g) an offence under Part 1 of the Terrorism Act 2006 (miscellaneous terrorist related offences);

(h) conspiring or attempting to commit a terrorism offence;

(i) incitement to commit a terrorism offence.

(7) For the purposes of this section an offence carries a maximum of at least 10 years' imprisonment if—

(a) it is punishable, on conviction on indictment, with imprisonment; and

(b) the maximum term of imprisonment that may be imposed on conviction on indictment of that offence is 10 years or more or is imprisonment for life.

(8) For the purposes of this section conduct has a terrorist connection if it is or takes place in the course of an act of terrorism or is for the purposes of terrorism.

(9) In subsection (8) ‘terrorism’ has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).]

Textual Amendments

F1 Words in s. 29(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 309, 336; S.I. 2005/950, art. 2

F2 Words in s. 29(1)(a) substituted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 66(1)(2); S.I. 2006/1835, art. 2(h) (subject to art. 3)

F3 S. 29(1A) inserted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 45(6), 336; S.I. 2006/1835, art. 2(c) (subject to art. 3)

F4 S. 29(1B)(1C) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 16(2), 39(2); S.I. 2006/1013, art. 2

F5 S. 29(2)(a)-(c) substituted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 45(7), 336; S.I. 2006/1835, art. 2(c) (subject to art. 3)

F6 S. 29(2)(e) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 310(4), 336; S.I. 2005/950, art. 2

F7 S. 29(3) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 16(3), 39(2); S.I. 2006/1013, art. 2

F8 Words in s. 29(4) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 16(4), 39(2); S.I. 2006/1013, art. 2

F9 S. 29(5) inserted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 4 para. 66(1)(3); S.I. 2006/1835, art. 2(h) (subject to art. 3)

F10 S. 29(6)-(9) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 16(5), 39(2); S.I. 2006/1013, art. 2

F11 Words in s. 29(6)(e) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 34

Modifications etc. (not altering text)

C1 S. 29(1) modified (8.1.2007) by Domestic Violence, Crime and Victims Act 2004 c. 28, ss. 18(3), 60 (with ss. 19(7) and 21(2)); S.I. 2006/3423, art. 2(a) (subject to art. 3)

C2 S. 29(2) modified (8.1.2007) by Domestic Violence, Crime and Victims Act 2004 c. 28, ss. 18(2), 60 (with ss. 19(7) and 21(2)); S.I. 2006/3423, art. 2(a) (subject to art. 3)

C3 S. 29(6)(i) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 29 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

C4 S. 29(6)(i) modified (prosp.) by Serious Crime Act 2007 (c. 27), s. 63(1), Sch. 6 para. 29