SCHEDULE 3 Pre-Trial Hearings in Magistrates' Courts
Courts Act 2003 (2003 c 39) | Legislation

SCHEDULE 3 Pre-Trial Hearings in Magistrates' Courts

Section 45

After section 8 of the 1980 Act, insert—

“Pre-trial hearings
8A Power to make rulings at pre-trial hearing

(1)     For the purposes of this section a hearing is a pre-trial hearing if—

(a)     it relates to an information—

(i)     which is to be tried summarily, and

(ii)     to which the accused has pleaded not guilty, and

(b)     it takes place before the start of the trial.

(2)     For the purposes of subsection (1)(b), the start of a summary trial occurs when the court begins—

(a)     to hear evidence from the prosecution at the trial, or

(b)     to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused).

(3)     At a pre-trial hearing, a magistrates' court may make a ruling as to any matter mentioned in subsection (4) if—

(a)     the condition in subsection (5) is met,

(b)     the court has given the parties an opportunity to be heard, and

(c)     it appears to the court that it is in the interests of justice to make the ruling.

(4)     The matters are—

(a)

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