Criminal Justice Act 1987

7 Power to order preparatory hearing. E+W

(1) Where it appears to a judge of the Crown Court that the evidence on an indictment reveals a case of fraud of such [F1 seriousness or complexity] that substantial benefits are likely to accrue from a hearing (in this Act referred to as a “preparatory hearing”) before [F2 the time when the jury are sworn], for the purpose of—

[F3 (a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,

(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,

(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies,]

(d) assisting the judge’s management of the trial; [F4 or

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

he may order that such a hearing shall be held.

(2) A judge may make an order under subsection (1) above on the application either of the prosecution or of the person indicted or, if the indictment charges a number of persons, any of them, or of his own motion.

[F5 (2A) The reference in subsection (1) above to the time when the jury are sworn includes the time when the jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.]

[F6 (3) If a judge orders a preparatory hearing, he may also order the prosecution to prepare and serve any documents that appear to him to be relevant and whose service could be ordered at the preparatory hearing by virtue of this Part of this Act or Crown Court Rules.

(4) Where—

(a) a judge has made an order under subsection (3) above; and

(b) the prosecution have complied with it,

the judge may order the person indicted or, if the indictment charges a number of persons, any of them to prepare and serve any documents that appear to him to be relevant and whose service could be so ordered at the preparatory hearing.

(5) An order under this section may specify the time within which it is to be complied with, but Crown Court Rules may make provision as to the minimum or maximum time that may be specified for compliance.]

Textual Amendments

F1 Words in s. 7(1) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 30; S.I. 1995/127, art. 2(1), Sch. Appendix A

F2 Words in s. 7(1) substituted (24.7.2006) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 53(2); S.I. 2006/1835, art. 2(h)

F3 S. 7(1)(a)-(c) substituted (24.7.2006 for specified purposes) by Criminal Justice Act 2003 (c. 44), ss. 45(4), 336(3)(4) (with s. 48(4)); S.I. 2006/1835, art. 2(c)

F4 S. 7(1)(e) and word inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 310(1), 336(3)(4); S.I. 2005/950, art. 2(1), Sch. 1 para. 25 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F5 S. 7(2A) inserted (24.7.2006) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 53(3); S.I. 2006/1835, art. 2(h)

F6 S. 7(3)-(5) repealed (4.7.1996 with application (15.4.1997) as mentioned in Sch. 3 para. 8 of the repealing Act) by 1996 c. 25, ss. 72, 80, Sch. 3 para. 2, Sch. 5 para. 2, Table 12 (with s. 78(1)); S.I. 1997/1019, art. 2