Part IIIE+W+S Preparatory Hearings

Preparatory hearingsE+W

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, [F1a 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 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.

(2)The purposes are those of—

(a)identifying issues which are likely to be material to the verdict of the jury;

(b)assisting their comprehension of any such issues;

(c)expediting the proceedings before the jury;

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

[F2(e)considering questions as to the severance or joinder of charges,]

(3)No order may be made under subsection (1) where it appears to a judge of the Crown Court that the evidence on an indictment reveals a case of fraud of such seriousness or complexity as is mentioned in section 7(1) of the M1Criminal Justice Act 1987 (preparatory hearings in cases of serious or complex fraud).

(4)A judge may make an order under subsection (1)—

(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.

Textual Amendments

F1Words in s. 29(1) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 309, 336; S.I. 2005/950, art. 2

Marginal Citations