The Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997

Explanatory Note

(This note is not part of the Rules)

These Rules are made for the purposes of the holding by Crown Court judges of preparatory hearings under Part III of the Criminal Procedure and Investigations Act 1996 (“the Act”) in long or complex cases.

By virtue of rule 2, they come into force on 15th April 1997 and apply in relation to an offence where, on or after the day appointed under section 29(2) of the Act in respect of the Crown Court sitting at the place concerned (that is, the place specified as the place of trial by the court of committal, the place specified in the notice of transfer as the place of trial, or the place where the bill of indictment is preferred, as the case may be), the accused is committed for trial for the offence, proceedings for the trial on the charge concerned are transferred to the Crown Court, or a bill of indictment relating to the offence is preferred by direction of the Court of Appeal or by direction or with the consent of a judge.

Rules 3 and 4 regulate the making of applications for preparatory hearings. Rule 5 provides for a time limit for the making of representations to the Crown Court by a party served with a copy of another party’s notice of application. Rule 6 provides that an application for a preparatory hearing shall be determined without a hearing unless a judge otherwise directs and provides for notification of the determination, or of an order for a preparatory hearing made of a judge’s own motion, to the parties in the case.

Rule 7 makes provision in relation to an order for disclosure of the prosecution case, and rule 8 makes provision in relation to an order for disclosure of the defence case where the prosecutor has complied with his obligation to supply a case statement. Rules 9, 10 and 11 make supplementary provision including provision for the service of documents and for forms to be used in connection with preparatory hearings. Rule 12 contains a transitional provision with regard to particulars of alibi.