Part I Criminal Jurisdiction and Procedure
F4Pre-trial hearings
8APower to make rulings at pre-trial hearing
1
For the purposes of this section a hearing is a pre-trial hearing if—
a
it relates to an information—
i
which is to be tried summarily, and
ii
to which the accused has pleaded not guilty, and
b
it takes place before the start of the trial.
2
For the purposes of subsection (1)(b), the start of a summary trial occurs when the court begins—
a
to hear evidence from the prosecution at the trial, or
b
to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused).
3
At a pre-trial hearing, a magistrates' court may make a ruling as to any matter mentioned in subsection (4) if—
a
the condition in subsection (5) is met,
b
the court has given the parties an opportunity to be heard, and
c
it appears to the court that it is in the interests of justice to make the ruling.
4
The matters are—
a
any question as to the admissibility of evidence;
b
any other question of law relating to the case.
5
The condition is that, if the accused is not legally represented F1. . . —
a
F2the court mustask whether he wishes to be granted a right to representation funded by the Legal Services Commission as part of the Criminal Defence Service, and
b
if he does, F3the Legal Services Commission must decide whether or not to grant him that right.
6
A ruling may be made under this section—
a
on an application by a party to the case, or
b
of the court’s own motion.
7
For the purposes of this section and section 8B, references to the prosecutor are to any person acting as prosecutor, whether an individual or body.
Ss. 8A-8D and cross-heading inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 45, 110, Sch. 3; S.I. 2005/910, art. 3(p)