Page:Criminal Justice Act 1987.pdf/12

10c. 38

(2) Subject to subsection (4) below, oral evidence may be given on the hearing of such an application only with leave of the judge.

(3) The judge shall grant such leave only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.

(4) The judge may order a person who has made a written statement which it is proposed to adduce in evidence to supplement that statement by oral evidence.

(5) If—
 * (a) the judge makes an order under subsection (4) above; and
 * (b) the written statement is submitted to the court,

the statement shall not be admitted as evidence unless—
 * (i) the person who made it gives oral evidence; or
 * (ii) the judge gives leave for it to be admitted without his doing so.

(6) In deciding whether to grant an application under this section the judge shall have regard—
 * (a) to the evidence tendered by the prosecution;
 * (b) to any written or oral statement tendered by the defence in support of the application; and
 * (c) to any oral evidence on behalf of the prosecution or the defence given under this section,

(7) A discharge under this section shall have the same effect as a refusal by examining magistrates to commit for trial, except that no further proceedings may thereafter be brought on the charge except by means of the preferment of a voluntary bill of indictment. Preparatory hearings

7.—(1) Where it appears to a judge of the Crown Court that the of fraud of such seriousness and complexity that substantial benefits are likely to accrue from a hearing (in this Act referred to as a “preparatory hearing”) before the jury are sworn, for the purpose of—
 * (a) identifying issues which are likely to be material to the verdict of the jury;
 * (b) assisting their comprehension of any such issues;
 * (c) expediting the proceedings before the jury; or
 * (d) assisting the judge’s management of the trial, evidence on an indictment reveals a case

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 person indicted or, if the indictment charges a number of persons, any of them, 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—