Rule 3.23 Application for preparatory hearingI1
England and Wales
A party who wants the court to order a preparatory hearing must—
apply in writing—
as soon as reasonably practicable, and in any event
not more than 10 business days after the defendant pleads not guilty; and
serve the application on—
the court officer, and
each other party.
The applicant must either—
if relevant, explain what legislation requires the court to order a preparatory hearing; or
explain—
what makes the case complex or serious, or makes the trial likely to be long,
why a substantial benefit will accrue from a preparatory hearing, and
why the court’s ordinary powers of case management are not adequate.
A prosecutor who wants the court to order a trial without a jury must explain—
where the prosecutor alleges a danger of jury tampering—
what evidence there is of a real and present danger that jury tampering would take place,
what steps, if any, reasonably might be taken to prevent jury tampering, and
why, notwithstanding such steps, the likelihood of jury tampering is so substantial as to make it necessary in the interests of justice to order such a trial; or
where the prosecutor proposes trial without a jury on some counts on the indictment—
why a trial by jury involving all the counts would be impracticable,
how the counts proposed for jury trial can be regarded as samples of the others, and
why it would be in the interests of justice to order such a trial.