PART I
Commencement of
trial and arraignment.
The preparatory hearing.
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Criminal Justice
(iv) assisting the judge's management of the trial
he may order that such a hearing shall be held.
(2) A judge may make an order under subsection (1) above on the application either of the prosecution or of the defence or of his own motion.
(3) If a judge orders a preparatory hearing, he may also order the prosecution to prepare and serve any documents that appear to him to be relevant and whose service could be ordered at the preparatory hearing by virtue of this Part of this Act or Crown Court Rules.
(4) Where-
(a) a judge has made an order under subsection (3) above; and (b) the prosecution have complied with it,
the judge may order the defence to prepare and serve any documents that appear to him to be relevant and whose service could be so ordered at the preparatory hearing.
(5) An order under this section may specify the time within which it is to be complied with, but Crown Court Rules may make provision as to the minimum or maximum time that may be specified for compliance.
8.-(1) If a judge orders a preparatory hearing, the trial shall begin with that hearing.
(2) The person charged shall accordingly be arraigned at the start of the preparatory hearing.
9.—(1) At the preparatory hearing the judge may exercise any of the powers specified in this section.
(2) He may determine-
(a) an application under section 6 above; and
(b) any question of law relating to the case, including a question as
to the admissibility of evidence.
(3) He may order the prosecution-
(a) to supply the court and the defence with a statement (a “case
statement") of the following—
(i) the principal facts of the prosecution case;
(ii) the witnesses who will speak to those facts;
(iii) any exhibits relevant to those facts;
(iv) any proposition of law on which the prosecution proposes
to rely; and
(v) the consequences in relation to each count in the indict- ment that appear to the prosecution to flow from the matten stated in pursuance of sub-paragraphs (i) to (iv) above;
(b) to prepare their evidence and other explanatory material in such a form as appears to him to be likely to aid comprehension b the jury and to supply it to the court and the defence in the form;
(c) to give the court and the defence notice of documents the tru of the contents of which ought in the prosecution's view to i admitted and of any other matters which in their view ought! be agreed;
(d) to make any amendments of any case statement supplied pursuance of an order under paragraph (a) above that appear the court to be appropriate, having regard to objections ma by the defence.
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