CRIMINAL LITIGATION

A judge who is considering whether to hold a preparatory hearing under the Criminal Justice Act 1987 (CJA 1987), s 7 has only to decide whether a substantial benefit, for one of the purposes listed under sub-s (1), would arise from determining the relevant issues at a preparatory hearing, rather than after a jury had been empanelled.

The judge may determine other interlocutory applications at the same time as the preparatory hearing, but there is no appeal to the Court of Appeal, under CJA 1987, s 9(11), unless the matter for determination falls within s 9(3). It follows that an order in determination of an application for disclosure under the Criminal Procedure and Investigations Act 1996, s 8 would qualify for an appeal under CJA 1987, s 9(11) if it involves the determination of a question of law relating to the case.