PART 3CASE MANAGEMENT

PREPARATION FOR TRIAL IN THE CROWN COURT

Application for preparatory hearing

3.15.—(1) A party who wants the court to order a preparatory hearing must—

(a)apply in writing—

(i)as soon as reasonably practicable, and in any event

(ii)not more than 14 days after the defendant pleads not guilty;

(b)serve the application on—

(i)the court officer, and

(ii)each other party.

(2) The applicant must—

(a)if relevant, explain what legislation requires the court to order a preparatory hearing;

(b)otherwise, explain—

(i)what makes the case complex or serious, or makes the trial likely to be long,

(ii)why a substantial benefit will accrue from a preparatory hearing, and

(iii)why the court’s ordinary powers of case management are not adequate.

(3) A prosecutor who wants the court to order a trial without a jury must explain—

(a)where the prosecutor alleges a danger of jury tampering—

(i)what evidence there is of a real and present danger that jury tampering would take place,

(ii)what steps, if any, reasonably might be taken to prevent jury tampering, and

(iii)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

(b)where the prosecutor proposes trial without a jury on some counts on the indictment—

(i)why a trial by jury involving all the counts would be impracticable,

(ii)how the counts proposed for jury trial can be regarded as samples of the others, and

(iii)why it would be in the interests of justice to order such a trial.