Pre-Trial Applications

As is the case in civil proceedings, criminal judges have a broad range of case man­agement powers (see CrimPR Part 3). They can determine pre-trial issues at pre-trial hearings such as case management conferences, plea before venue hearings.

Some pre-trial applications can be made without the other party being notified and, in their absence (‘without notice’ applications) and these include, for example, appli­cations to notify the court of the existence of material which the prosecutor does not wish to disclose due to a real risk of serious prejudice to an important public interest.

In the Crown Court the first hearing that will be take place is usually the ‘Plea and Trial Preparation Hearing (‘PTPH’). During this process the defendant is ‘arraigned’

which means that they are called and the charges against them are formally read out in court. They are then asked to enter a plea of ‘guilty’ or ‘not guilty'. At these hear­ings a judge can set the timetable and also make pre-trial rulings. Section 39(1) of the Criminal Procedure and Investigations Act 1996 states that any hearing that takes place either after the accused has been sent for trial from the Magistrates’ Court to the Crown Court or before the start of the trial will be regarded as a pre-trial hearing. Section 40 of the 1996 Act further states that a pre-trial ruling can be made on the application of any party. A judge can also decide that a pre-trial ruling on a matter is necessary. Such rulings have binding effect until the trial (see s. 40(3)).

In the Magistrates’ Court CrimPR Part 3.16 provides for pre-trial hearings to take pre­paratory steps for trial. Under ss. 8A and 8B of the Magistrates’ Court Act 1980 pre­trial rulings on the admissibility of evidence or other questions of law will be binding unless it is in the interests of justice for the ruling to be varied or discharged.

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