PART 15PREPARATORY 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 |
Application for a preparatory hearing15.1.
(1)
(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—
(a)
(b)
must apply under this rule for a preparatory hearing, whether or not the defendant has applied for one.
[Note. 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 hearing15.2.
(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.
Representations concerning an application15.3.
(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 application15.4.
(1)
Where an application has been made under rule 15.1(2), the court must hold a preparatory hearing.
(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.
Orders for disclosure by prosecution or defence15.5.
(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 33 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.]