The Criminal Procedure (Amendment) Rules 2006

Rule 5

SCHEDULE 1

“Part 15

Preparatory hearings in cases of serious fraud and other complex, serious or lengthy cases in the Crown Court”

Contents of this Part
Application for a preparatory hearing	rule 15.1
Time for applying for a preparatory hearing	rule 15.2
Representations concerning an application	rule 15.3
Determination of an application	rule 15.4
Orders for disclosure by prosecution or defence	rule 15.5
Service	rule 15.6

Application for a preparatory hearing

15.1.—(1) A party who wants the court to order a preparatory hearing under section 7(2) of the Criminal Justice Act 1987(1) or under section 29(4) of the Criminal Procedure and Investigations Act 1996(2) must—

(a) apply in the form set out in the Practice Direction;

(b) include a short explanation of the reasons for applying; and

(c) serve the application on the court officer and all other parties.

(2) A prosecutor who wants the court to order that the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003(3) must apply under this rule for a preparatory hearing, whether or not the defendant has applied for one.

[Note. The rules in this Part derive in part from rules formerly in the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997(4) and the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997(5). See also sections 7 to 9A of the Criminal Justice Act 1987 (cases of serious or complex fraud) and sections 29 to 32 of the Criminal Procedure and Investigations Act 1996 (other complex, serious or lengthy cases).

• For the provisions governing applications for the trial to be conducted without a jury, see sections 43 to 48 of the Criminal Justice Act 2003 (trials without a jury in serious or complex fraud cases or where there is a danger of jury tampering). For the rules governing an appeal under section 47 of that Act, see rule 65.11 (appeal against order following discharge of jury because of jury tampering).]

Time for applying for a preparatory hearing

15.2.—(1) A party who applies under rule 15.1 must do so not more than 28 days after—

(a) the committal of the defendant;

(b) the consent to the preferment of a bill of indictment in relation to the case;

(c) the service of a notice of transfer; or

(d) where a person is sent for trial, the service of copies of the documents containing the evidence on which the charge or charges are based.

(2) A prosecutor who applies under rule 15.1 because he wants the court to order a trial without a jury under section 44 of the Criminal Justice Act 2003 (jury tampering) must do so as soon as reasonably practicable where the reasons do not arise until after that time limit has expired.

(3) The court may extend the time limit, even after it has expired.

[Note. A notice of transfer may be served under section 4 of the Criminal Justice Act 1987 (serious or complex fraud cases), or under section 53 of the Criminal Justice Act 1991(6) (certain cases involving children).

• A person is sent for trial under section 51 of the Crime and Disorder Act 1998(7) (indictable-only offences sent for trial) or (so far as it is in force) under section 51A of the Crime and Disorder Act 1998 (certain cases involving children). As to the service of prosecution evidence in such a case, see paragraph 1 of Schedule 3 to the 1998 Act and the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005(8).]

Representations concerning an application

15.3.—(1) A party who wants to make written representations concerning an application made under rule 15.1 must—

(a) do so within 7 days of receiving a copy of that application; and

(b) serve those representations on the court officer and all other parties.

(2) A defendant who wants to oppose an application for an order that the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003 must serve written representations under this rule, including a short explanation of the reasons for opposing that application.

[Note. The grounds on which a judge may allow or refuse an application for an order that the trial will be conducted without a jury under section 43 or 44 of the Criminal Justice Act 2003 are set out in those sections of that Act.]

Determination of an application

15.4.—(1) Where an application has been made under rule 15.1(2), the court must hold a preparatory hearing for the purpose of determining whether to make an order that the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003.

(2) Other applications made under rule 15.1 should normally be determined without a hearing.

(3) The court officer must serve on the parties in the case, in the form set out in the Practice Direction—

(a) notice of the determination of an application made under rule 15.1; and

(b) an order for a preparatory hearing made by the court of its own initiative, including one that the court is required to make.

[Note. Section 45 of the Criminal Justice Act 2003 provides that an application by the prosecution for an order that the trial will be conducted without a jury must be determined at a preparatory hearing and the parties to the preparatory hearing must be given an opportunity to make representations with respect to that application.]

Orders for disclosure by prosecution or defence

15.5.—(1) Any disclosure order under section 9 of the Criminal Justice Act 1987, or section 31 of the Criminal Procedure and Investigations Act 1996, must identify any documents that are required to be prepared and served by the prosecutor under that order.

(2) A disclosure order under either of those sections does not require a defendant to disclose who will give evidence, except to the extent that disclosure is required—

(a) by section 6A(2) of the 1996 Act (disclosure of alibi); or

(b) by Part 24 of these Rules (disclosure of expert evidence).

(3) The court officer must serve notice of the order, in the relevant form set out in the Practice Direction, on the parties.

[Note. Under section 9(4) of the Criminal Justice Act 1987 or section 31(4) of the Criminal Procedure and Investigations Act 1996, the judge can require the prosecution to set out its case in a written statement, to arrange its evidence in a form that will be easiest for the jury to understand, to prepare a list of agreed facts, and to amend the case statement as directed by the judge following representations from the defence.

• Under section 9(5) of the 1987 Act or section 31(6), (7) and (9) of the 1996 Act, the judge can require the defence to give notice of any objection to the prosecution case statement, to give notice stating the extent of agreement with the prosecution as to documents and other matters and the reason for any disagreement.]

Service

15.6.—(1) For the purposes of this Part, a notice or document may be served on any person by any of the following methods—

(a) personally on that person or their solicitor;

(b) by first class post to, or by leaving it at—

(i) that person’s usual or last known residence or place of business in England and Wales,

(ii) in the case of a company, that company’s registered address in England and Wales, or

(iii) the business address of that person’s solicitor;

(c) by fax or other electronic means, but only if the person has agreed to accept service by that method;

(d) where the person or their solicitor has given a number of a box at a document exchange and has not indicated that they are unwilling to accept service through a document exchange, by leaving it at the document exchange addressed to the box number.

(2) Where a document or notice is served under this Part by any method other than personal service it is deemed to be served—

(a) if left at an address, on the next business day after the day on which it was left;

(b) if sent by first class post, on the second business day after the day on which it was posted;

(c) if transmitted by fax or other electronic means—

(i) on a business day before 5 p.m., on that day, and

(ii) at any other time, on the next business day after the day on which it is transmitted; and

(d) if left at a document exchange, on the second business day after the day on which it was left.

(3) In this rule, “business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday.

(1)

1987 (c. 38).

(2)

1996 (c. 25); section 29(4) is amended by section 45 of the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

(3)

2003 (c. 44); sections 43 and 44 will take effect on a date to be appointed.

(4)

S.I. 1997/1051.

(5)

S.I. 1997/1052.

(6)

1991 (c. 53); section 53 was amended by the Criminal Justice and Public Order Act 1994 (c. 33), Schedule 9, paragraph 49 and by the Crime and Disorder Act 1998 (c. 37), Schedule 8, paragraph 93. It is repealed by the Criminal Justice Act 2003 (c. 44), Schedule 37, Part 4, with effect from a date to be appointed.

(7)

1998 (c. 37); section 51 is substituted by the Criminal Justice Act 2003 (c. 44), Schedule 3, paragraphs 15 and 18 and that amendment is in force for certain purposes; S.I. 2000/3283.

(8)

S.I. 2005/902.