Paragraph 15.1 Application for a preparatory hearingI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 para. 15.1 coming into force by Criminal Procedure 2006 rule 1
Sch. 1 para. 15.2 coming into force by Criminal Procedure 2006 rule 1
Sch. 1 para. 15.3 coming into force by Criminal Procedure 2006 rule 1
Sch. 1 para. 15.4 coming into force by Criminal Procedure 2006 rule 1
Sch. 1 para. 15.5 coming into force by Criminal Procedure 2006 rule 1
Sch. 1 para. 15.6 coming into force by Criminal Procedure 2006 rule 1

(1)

A party who wants the court to order a preparatory hearing under section 7(2) of the Criminal Justice Act 1987^f1 or under section 29(4) of the Criminal Procedure and Investigations Act 1996^f2 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^f3 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^f4 and the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997^f5. 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).]

Annotations

Commencement

I1: Sch. 1 para. 15.1 in force at 3.4.2006, see rule 1

Footnotes

f1: 1987 (c. 38).
f2: 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.
f3: 2003 (c. 44); sections 43 and 44 will take effect on a date to be appointed.
f4: S.I. 1997/1051.
f5: S.I. 1997/1052.