The Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997

Citation and interpretation

1.—(1) These Rules may be cited as the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997.

(2) In these Rules, “the Act” means the Criminal Justice Act 1987.

(3) In reckoning any period of time for the purposes of these Rules, where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a Saturday, Sunday or bank holiday, Christmas Day or Good Friday, that day shall be excluded, and “bank holiday” means a day which is, or is to be observed as, a bank holiday under section 1 of the Banking and Financial Dealings Act 1971(1), in England and Wales, or which is a holiday under section 2 of that Act(1), in England and Wales.

Commencement

2.  These Rules shall come into force on 15th April 1997 and shall apply, without prejudice to rule 12(2) and (3), in relation to an offence where:

(a)the accused is committed for trial for the offence on or after that day;

(b)proceedings for the trial on the charge concerned are transferred to the Crown Court on or after that day; or

(c)a bill of indictment relating to the offence is preferred on or after that day under the authority of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933(2) (bill preferred by direction of Court of Appeal, or by direction or with consent of a judge).

Application for a preparatory hearing

3.—(1) An application under section 7(2) of the Act shall be made in writing in Form 5305, shall be served on the appropriate officer of the Crown Court, and shall include a concise statement of the grounds, having regard to the matters specified in subsection (1) of that section, for the making of the application.

(2) The person making the application shall, at the same time as he serves the application on the appropriate officer of the Crown Court, as referred to in paragraph (1) above, serve a copy of the application on the other party or, if there is more than one, each of the other parties in the case.

Time for making application

4.—(1) Subject to paragraphs (2) and (3) below, an application under section 7(2) of the Act (for an order that a preparatory hearing be held) shall be made within 28 days of—

(a)committal for trial, where these Rules apply by virtue of rule 2(a);

(b)transfer of proceedings for trial, where these Rules apply by virtue of rule 2(b); or

(c)preferment of the bill of indictment, where these rules apply by virtue of rule 2(c).

(2) Where these Rules apply by virtue of rule 2(b) and an application for dismissal of the offence charged is made within 28 days of the transfer of proceedings for trial, then an application under section 7(2) of the Act shall be made—

(a)within 28 days of the transfer of proceedings for trial, or

(b)no later than 7 days after the said application for dismissal is determined or withdrawn, if the last mentioned period expires later than the period referred to in sub-paragraph (a) above.

(3) The time for making an application under section 7(2) of the Act may be extended by the Crown Court, either before or after it expires, on an application made in accordance with paragraph (4) below.

(4) An application for an extension of time under paragraph (3) above shall be made in writing in Form 5305, specifying the grounds of the application and shall be served on the appropriate officer of the Crown Court, and a copy of the application shall at the same time as it is served on that officer be served on the other party, or if there is more than one, each of the other parties in the case.

(5) An application for an extension of time under paragraph (3) above shall be determined by a judge of the Crown Court without a hearing unless the judge otherwise directs, and the appropriate officer of the Crown Court shall serve notice on the parties in the case of the time and place of any such hearing.

(6) The appropriate officer of the Crown Court shall serve notice of the judge’s decision on an application under paragraph (3) above on the parties in the case.

Representations concerning an application

5.  Where a party receives a copy of an application as referred to in rule 3(1) (made under section 7(2) of the Act) and proposes to make written representations to the Crown Court concerning the application, he shall serve any such representations on the appropriate officer of the Crown Court within 7 days of receipt of the copy application, and shall, at the same time as he serves the representations on the appropriate officer of the Crown Court, serve a copy thereof on the other party, or if there is more than one, each of the other parties in the case.

Determination of application and/or order for a preparatory hearing

6.—(1) An application under section 7(2) of the Act shall be determined without a hearing unless a judge of the Crown Court otherwise directs, and the appropriate officer of the Crown Court shall serve notice on the parties in the case of the time and place of any such hearing.

(2) The appropriate officer of the Crown Court shall serve notice of the determination of an application, or of an order for a preparatory hearing made of a judge’s own motion, in Form 5306, on the parties in the case.

Disclosure of prosecution case

7.  Where an order is made under section 9(4) of the Act for the prosecution to prepare and serve any documents, the order shall identify the documents to be served and require the prosecution to serve a copy of each such document on the other party, or if there is more than one, each of the other parties in the case, and the appropriate officer of the Crown Court shall serve notice of the order on the parties in the case.

Defence disclosure

8.—(1) Where an order is made under section 9(5) of the Act, the appropriate officer of the Crown Court shall serve notice of the order in Form 5307 on each party to whom the order applies and on the prosecution.

(2) Except to the extent that disclosure is required—

(a)by section 5(7) of the Criminal Procedure and Investigations Act 1996(3) (alibi); or

(b)by rules under section 81 of the Police and Criminal Evidence Act 1984(4) (expert evidence),

a statement required by virtue of an order under section 9(5)(i) of the Act, or a notice required by virtue of an order under section 9(5)(ii) or (iv) of the Act, need not disclose who will give evidence; and the notice referred to in paragraph (1) above shall include a statement to that effect.

(3) The notice referred to in paragraph (1) above shall include a warning that if any party departs from the case he disclosed in pursuance of an order made under section 9 of the Act or fails to comply with such an order—

(a)the judge or, with the leave of the judge, any other party may make such comment as appears to him appropriate and the jury may draw such inference as appears proper; and

(b)where the court is satisfied that any such departure or failure by a party constitutes an unnecessary or improper act or omission on his part, and that another party to the proceedings has incurred costs as a result thereof, the court may make an order as to the payment of those costs by the party concerned under the Costs in Criminal Cases (General) Regulations 1986(5).

Orders under section 9 of the Act—supplementary

9.  Where a judge makes an order under section 9 of the Act, the order shall so far as practicable express the matters required to be done thereunder by reference to the relevant provisions of section 9(4) or, as the case may be, (5) of the Act.

Service of documents

10.—(1) Any notice or other document which is required by these Rules to be served on any person may be served personally on that person or sent to him by post in a letter addressed to him at his usual or last known residence or place of business in England or Wales; in the case of a company, such a letter may also be addressed to the company at its registered office in England or Wales (if it has such a registered office).

(2) If the person to be served is acting by a solicitor, the notice or other document may be served by delivering it, or sending it by post, to the solicitor’s address for service.

(3) Where there is inscribed on the writing paper of the person to be served with a notice or other document or on the writing paper of his solicitor (where the person to be served is acting by a solicitor) a document exchange box number, and that person or his solicitor (as the case may be) has not indicated in writing to the person serving the document that he is unwilling to accept service through a document exchange, service of the notice or document may be effected by leaving the notice or document addressed to the numbered box of that person or his solicitor at the document exchange in question or at a document exchange which transmits documents every business day to that document exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.

(4) In this rule—

(a)“document exchange” means any document exchange for the time being approved by the Lord Chancellor for the purposes of the service of documents under Order 65 rule 5(1) of the Rules of the Supreme Court 1965(6);

(b)“business day” means a day other than a day which is to be excluded for the purposes of reckoning a period of 7 days or less as referred to in rule 1(3); and

(c)“solicitor” includes a body corporate which is recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985(7) (a “recognised body”) and, in the case of a recognised body, (notwithstanding anything in the Solicitors’ Incorporated Practices Order 1991(8)), the reference in paragraph (2) above to the solicitor’s address for service shall be construed as a reference to the address specified by the recognised body as its address for the purposes of the proceedings relating to the application for a preparatory hearing under section 7(2) of the Act and/or the order for such a hearing under section 7(1) of the Act(9) (including an address specified for the general purposes of the criminal proceedings in relation to which the application or order for a preparatory hearing is made), or, in the absence of such a specified address, to its registered office.

Forms

11.—(1) Any reference in these Rules to a form is a reference to a form set out in the Schedule to these Rules.

(2) The forms set out in the Schedule to these Rules or forms substantially to the like effect may be used with such variations as the circumstances may require.

Revocation and transitional provisions

12.—(1) Subject to paragraphs (2) and (3) below, the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1988(10) (referred to hereafter in this rule as “the 1988 Rules”), are hereby revoked.

(2) Subject to paragraph (3) below, the 1988 Rules shall continue to apply in relation to an offence where committal for trial, the giving of a notice of transfer or consent to the preferment of a bill of indictment, as referred to in rule 2 of those Rules, occurs prior to the day on which these Rules come into force.

(3) Where, in relation to an offence, consent to the preferment of a bill of indictment as referred to in rule 2(c) of the 1988 Rules is given prior to the day on which these Rules come into force and a bill of indictment is preferred pursuant to that consent on or after that day, then the 1988 Rules shall not apply in relation to that offence with effect from the day of such preferment save that the time limit for making application for a preparatory hearing, in place of that referred to in rule 4(1) of these Rules, shall be that referred to in rule 4(1) of the 1988 Rules.

(4) Where, in relation to an offence, section 5(7) of the Criminal Procedure and Investigations Act 1996 does not apply, by virtue of the criminal investigation into the offence having begun before the day appointed for the purposes of Part I of that Act, there shall be substituted for the words “section 5(7) of the Criminal Procedure and Investigations Act 1996” in rule 8(2)(a), the words “section 11 of the Criminal Justice Act 1967(11)”.