- Latest available (Revised)
- Original (As enacted)
Criminal Procedure and Investigations Act 1996, Section 31 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(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 [F2a 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
F1S. 31(3)(c) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 310(5), 336; S.I. 2005/950, art. 2
F2Words 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)
F3S. 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)
C1S. 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))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: