Criminal Litigation

Although rulings made in the course of preparatory hearings should normally continue throughout the trial, they are not immutable. If the interests of justice as a whole so require, a ruling at a preparatory hearing might be changed.

Although a Crown Court judge cannot vary or reverse any ruling consequent on the decision of the Court of Appeal merely because he disagrees or believes it to be wrong, the jurisdiction under s 31(11) of the Criminal Procedure and Investigations Act 1996 does not expire just because the ruling in question was made by the Court of Appeal.

If a ruling made at a preparatory hearing is overturned on appeal but the Court of Appeal differently constituted in a subsequent case holds that the earlier case was decided per incuriam, the judge is bound to follow the later decision, since any rulings of law made at preparatory hearings must correctly reflect the law which will govern the trial.