Part I Criminal Jurisdiction and Procedure

F1Pre-trial hearings

Annotations:
Amendments (Textual)
F1

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)

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, the court must—

a

ask 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, 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.