Study guide
3.4 Case Management & Pre-Trial Hearings
UK Bar — Criminal Litigation, Evidence and Sentencing Exam
Track your progress as you read
Finished sections get a check mark.
1 Chapter 1: Introduction & BSB Assessment Overview
1.1 BSB Centralised Assessment Structure & Regulations 1.2 Overriding Objective & Court Structure 1.3 Classification of Offences, Court Jurisdiction & Funding
2 Chapter 2: Commencing Proceedings, Charges & Allocation
2.1 Commencing Proceedings & Police Station Procedure 2.2 First Hearing & Classification of Offences 2.3 Allocation and Mode of Trial 2.4 Sending for Trial & Committal for Sentence 2.5 Youth Court & Special Allocation Rules 2.6 Sentencing Powers of the Youth Court
3 Chapter 3: Bail, Remand & Case Management
3.1 Right to Bail & Statutory Exceptions 3.2 Bail Conditions, Breach & Appeals 3.3 Remands, Adjournments & Custody Time Limits 3.4 Case Management & Pre-Trial Hearings 3.5 Prosecution & Defence Disclosure
4 Chapter 4: Indictments & Preparation for Trial in the Crown Court
4.1 The Indictment: Form, Content, Time Limits & Specimen Counts 4.2 Joinder, Severance, Amendment & Voluntary Bills 4.3 Arraignment, Pleas & Change of Plea 4.4 PTPH, Applications to Dismiss & Offering No Evidence
5 Chapter 5: Criminal Evidence — General Principles & PACE Exclusions
5.1 Preliminary Evidential Matters: Relevance, Admissibility & Tribunals 5.2 Burden and Standard of Proof & Presumptions 5.3 Confession Evidence & Mandatory Exclusion 5.4 Discretionary Exclusion of Unfair Evidence 5.5 Inferences from Silence
6 Chapter 6: Special Evidentiary Rules — Hearsay, Character & Identification
6.1 Hearsay Evidence & The Four Gateways 6.2 Hearsay Safeguards, Multiple Hearsay & Procedure 6.3 Defendant Bad Character Evidence 6.4 Non-Defendant Bad Character & Co-Defendant Character 6.5 Good Character, Proof of Convictions & Bad Character Procedure 6.6 Visual Identification & Turnbull Guidelines
7 Chapter 7: Witnesses, Privilege & Opinion Evidence
7.1 Witness Competence, Compellability & Special Measures 7.2 Oaths, Affirmations & Compelling Witness Attendance 7.3 Examination in Chief: Leading Questions, Memory Refreshing & Hostile Witnesses 7.4 Cross-Examination, Previous Inconsistent Statements & Re-Examination 7.5 Opinion Evidence & Expert Witnesses 7.6 Privilege, Public Interest Immunity & Immunity
8 Chapter 8: Trial Procedure in the Magistrates' Court & Crown Court
8.1 Magistrates' Court Trial Procedure 8.2 Summary Trial: Pre-Trial Rulings, Absence & Abuse of Process 8.3 Crown Court Trial Procedure 8.4 Jury Trial: Absence, Unrepresented Defendants & Abuse of Process 8.5 Speeches, Summing Up & Verdicts
9 Chapter 9: Sentencing Framework & Guidelines
9.1 Sentencing Framework, Principles & Procedure 9.2 Seriousness, Guilty Plea Reduction, Aggravation & Mitigation 9.3 Sentencing Procedure: Newton Hearings, Reports & Goodyear Indications 9.4 Custodial Sentences, Suspension & Release 9.5 Mandatory & Minimum Custodial Sentences 9.6 Community Orders, Fines & Discharges 9.7 Ancillary Orders, Costs & Dangerous Offenders
10 Chapter 10: Appeals & Post-Trial Remedies
10.1 Appeals from the Magistrates' Court (Crown Court & High Court Case Stated) 10.2 Rectifying Mistakes, Case Stated & Judicial Review 10.3 Crown Court Appeals (Court of Appeal Criminal Division & Supreme Court) 10.4 CACD Procedure: Rectification, Leave, Renewal, Loss of Time & Fresh Evidence 10.5 Prosecution Appeals, Attorney General's References & the CCRC
3.4 Case Management & Pre-Trial Hearings
Key Takeaways Explain This Topic AI
Part 1 of the Criminal Procedure Rules establishes the Overriding Objective that criminal cases must be dealt with justly, imposing an active duty of compliance on both prosecution and defence under Rule 3.3.
Magistrates' court case management relies on the Preparation for Effective Trial (PET) form to define issues in dispute, witness requirements, and trial estimates at the earliest opportunity.
The Plea and Trial Preparation Hearing (PTPH) in the Crown Court takes place within 28 days of sending, serving as the central venue for formal arraignment and binding directions.
Section 31 of the Criminal Procedure and Investigations Act 1996 empowers Crown Court judges to make binding pre-trial rulings on evidence admissibility and law prior to jury empanellment.
Failure to adhere to case management directions can trigger judicial sanctions, including wasted costs orders under Section 19 of the Prosecution of Offences Act 1985 and adverse evidentiary rulings.
Last updated: August 2026
3.4 Case Management & Pre-Trial Hearings
Efficient case management is central to modern criminal practice in England and Wales. The court system relies on active judicial intervention and advocate collaboration to avoid trial collapse, reduce unnecessary witness attendance, and ensure fair trial rights. This section details the statutory framework and procedural rules governing case management in both the magistrates' court and the Crown Court.
The Overriding Objective: CrimPR Part 1 & Part 3
All criminal litigation is governed by the Criminal Procedure Rules (CrimPR) . Rule 1.1 of the CrimPR establishes the Overriding Objective : that criminal cases must be dealt with justly .
- Core Elements of Dealing with a Case Justly
- Acquitting the innocent and convicting the guilty;
- Dealing with prosecution and defence fairly;
- Respecting the rights of the defendant, particularly Article 6 ECHR (right to a fair trial);
- Recognizing the rights of victims, prosecution witnesses, and defence witnesses;
Dealing with the case efficiently and expeditiously.
Duty of the Parties (Rule 3.3 CrimPR)
Under Rule 3.3 of the CrimPR , active case management is not exclusively a judicial responsibility. Both prosecution and defence advocates have an affirmative duty to assist the court in managing the case, complying with directions, and identifying real trial issues at the earliest opportunity.
Case Management in the Magistrates' Court: The PET Form
In magistrates' court proceedings (whether for summary trial or prior to allocation of either-way offences), case management relies heavily on the Preparation for Effective Trial (PET) Form .
When a defendant enters a plea of not guilty, counsel and the court complete the PET form electronically to establish clear trial parameters:
Issues in Dispute : Precise identification of factual and legal issues (e.g. identity, self-defence, consent, lack of mens rea);
Witness Attendance : Identification of prosecution witnesses required to give oral evidence, and agreed written statements under Section 9 of the Criminal Justice Act 1967 ;
Defence Evidence : Indication of defence witness requirements and expert evidence;
Evidentiary Applications : Timetables for bad character or hearsay applications under the Criminal Justice Act 2003 ;
Trial Estimate : Final calculation of trial length and fixing of trial dates.
Crown Court Case Management: The Plea & Trial Preparation Hearing (PTPH)
Where an either-way or indictable-only case is sent to the Crown Court under Section 51 of the Crime and Disorder Act 1998 , case management is centered on the Plea and Trial Preparation Hearing (PTPH) .
Timing & Procedure
The PTPH takes place within 28 days of the case being sent from the magistrates' court.
Prior to the hearing, advocates for prosecution and defence must collaborate to complete the standardized online PTPH Form .
Key Functions of the PTPH
Stage / Issue Crown Court Procedure at PTPH
Arraignment Indictment is read to the defendant, who enters formal pleas of guilty or not guilty.
Guilty Plea Court proceeds immediately to sentencing or orders Pre-Sentence Reports (PSRs).
Not Guilty Plea Judge sets stage dates and binding directions for trial preparation.
Case Directions Timetables for Prosecution Initial Disclosure, Defence Disclosure Statement, Expert Evidence, and Ground Rules Hearings (GRH).
Trial Management Fixing trial date, estimating trial duration, and assigning case management judge.
Binding Pre-Trial Rulings: Sections 31 & 40 CPIA 1996
To prevent trial interruption after a jury is empanelled, pre-trial legal rulings can be made in advance of the main trial.
Under Section 31 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996) (for Crown Court trials) and Section 40 CPIA 1996 (for Magistrates' Court trials), a judge or magistrate may hold a pre-trial hearing to deliver binding rulings on:
Admissibility of Evidence : Applications under Section 78 of PACE 1984 to exclude confession evidence or identification evidence;
Points of Law : Questions of statutory interpretation or law relevant to the indictment;
Abuse of Process : Applications to stay proceedings for delay or executive misconduct.
Binding Effect
A ruling made under section 40 CPIA 1996 is binding on the parties until the case is concluded, unless the court is satisfied that there has been a material change of circumstances justifying a variation or discharge of the ruling.
Judicial Sanctions for Non-Compliance with Case Management
Courts possess statutory and inherent powers to penalize non-compliance with case management directions:
Wasted Costs Orders : Under Section 19 of the Prosecution of Offences Act 1985 and CrimPR Part 45, courts may order legal representatives to personally pay costs incurred as a result of improper, unreasonable, or negligent acts or omissions.
Refusal of Adjournment : Courts may refuse trial adjournments requested due to late preparation, forcing parties to proceed on served evidence.
Evidentiary Consequences : Failure to give timely notice of expert evidence, hearsay, or bad character may result in the court refusing leave to adduce the evidence at trial.