Criminal Procedure and Investigations Act 1996

31 The preparatory hearing. E+W

(1) At the preparatory hearing the judge may exercise any of the powers specified in this section.

(2) The judge may adjourn a preparatory hearing from time to time.

(3) He may make a ruling as to—

(a) any question as to the admissibility of evidence;

(b) any other question of law relating to the case.

[F1 (c) any question as to the severance or joinder of charges.]

(4) He may order the prosecutor—

(a) to give the court and the accused or, if there is more than one, each of them a written statement (a case statement) of the matters falling within subsection (5);

(b) to prepare the prosecution evidence and any explanatory material in such a form as appears to the judge to be likely to aid comprehension by [F2 a jury] and to give it in that form to the court and to the accused or, if there is more than one, to each of them;

(c) to give the court and the accused or, if there is more than one, each of them written notice of documents the truth of the contents of which ought in the prosecutor’s view to be admitted and of any other matters which in his view ought to be agreed;

(d) to make any amendments of any case statement given in pursuance of an order under paragraph (a) that appear to the judge to be appropriate, having regard to objections made by the accused or, if there is more than one, by any of them.

(5) The matters referred to in subsection (4)(a) are—

(a) the principal facts of the case for the prosecution;

(b) the witnesses who will speak to those facts;

(c) any exhibits relevant to those facts;

(d) any proposition of law on which the prosecutor proposes to rely;

(e) the consequences in relation to any of the counts in the indictment that appear to the prosecutor to flow from the matters falling within paragraphs (a) to (d).

(6) Where a judge has ordered the prosecutor to give a case statement and the prosecutor has complied with the order, the judge may order the accused or, if there is more than one, each of them—

(a) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) to give the court and the prosecutor written notice of any objections that he has to the case statement;

(c) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where a judge has ordered the prosecutor to give notice under subsection (4)(c) and the prosecutor has complied with the order, the judge may order the accused or, if there is more than one, each of them to give the court and the prosecutor a written notice stating—

(a) the extent to which he agrees with the prosecutor as to documents and other matters to which the notice under subsection (4)(c) relates, and

(b) the reason for any disagreement.

(8) A judge making an order under subsection (6) or (7) shall warn the accused or, if there is more than one, each of them of the possible consequence under section 34 of not complying with it.

(9) If it appears to a judge that reasons given in pursuance of subsection (7) are inadequate, he shall so inform the person giving them and may require him to give further or better reasons.

(10) An order under this section may specify the time within which any specified requirement contained in it is to be complied with.

(11) An order or ruling made under this section shall have effect throughout the trial, unless it appears to the judge on application made to him that the interests of justice require him to vary or discharge it.

Textual Amendments

F1 S. 31(3)(c) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 310(5), 336; S.I. 2005/950, art. 2

F2 Words in s. 31(4)(b) substituted (24.7.2006) by Criminal Justice Act 2003 (c. 44), ss. 331, Sch. 36 Pt. 4 para. 67, 336; S.I. 2006/1835, art. 2 (subject to art. 3)

F3 S. 31(6)(a)(c) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 331, 332, Sch. 36 Pt. 3 para. 36, Sch. 37, 336; S.I. 2005/950, art. 2

Modifications etc. (not altering text)

C1 S. 31(3) modified (4.9.1998) by 1977 c. 45, s. 1A(10)(b) (as inserted (4.9.1998) by 1998 c. 40, s. 5(1))