Practice Directions
Section 51 of the Crime & Disorder Act 1998 - Guidance on listing for preliminary hearings etc and referral of cases to the Circuit Presiding Judges
1. This Practice Direction gives guidance on listing indictable only cases sent for trial under section 51 of the Crime and Disorder Act 1998 for preliminary hearings, applications to dismiss and Plea and Directions Hearings. It should be read in conjunction with any direction given by the Presiding Judge for listing these cases.
2. For these purposes, preliminary hearings are all hearings which take place before the prosecution has completed service of its case.
3. The purpose of the first preliminary hearing following cases being sent to the Crown Court is to deal with any outstanding bail issues, to set a timetable for the service of the prosecution case and probably set the date of the PDH. There may well be no other legal or evidential issues requiring the exercise of judicial discretion at this stage. These hearings will take place within 8 days (custody) and 28 days (bail) after the certificate of sending is received by the Crown Court.
4. Preliminary hearings in all class 1 and class 2 cases, and any case involving serious sexual offences against a child under the age of 16, should be listed before either a High Court Judge, a class 1 judge or a judge authorised to try serious sexual offences. In exceptional circumstances, if no such judge is available the hearing may be listed before a Circuit Judge nominated by the Resident Judge.
5. Preliminary hearings in other indictable only cases can be listed before any Circuit Judge, Recorder or Assistant Recorder.
6. Preliminary hearings shall normally be heard in open court as chambers, with the defendant present and the court open to the public. Any person who has rights of audience in the magistrates' court may appear in these hearings in the Crown Court, unrobed.
7. Crown Courts may wish to make arrangements with the magistrates' court so that the magistrates' court chooses the day on which the first preliminary hearing will take place (as is now done for PDHs).
8. In class 1 and class 2 cases, and any case involving serious sexual offences against a child under the age of 16, the release procedures should be completed before any hearings take place following service of the prosecution case. These hearings, which will include applications to dismiss and PDHs, should then be listed in open court, before a judge authorised to conduct the case in accordance with the decision of a Presiding Judge.
9. All other cases should be listed in the usual way.
10. Immediately after service of the prosecution case, the current rights of audience in the Crown Court apply.
Senior Presiding Judge for England and Wales
22 December 1998