Source: All England Reporter
Publisher Citation: [2004] All ER (D) 409 (Feb)
Neutral Citation: [2001] EWCA Crim 1359
Court: Court of Appeal, Criminal Division
Judge:

Henry LJ, Jack J and Sir Harry Ognall
Representation Jill Evans and Paul Taylor (assigned by the Registrar of Criminal Appeals) for the first defendant.
  Mark Kelly (assigned by the Registrar of Criminal Appeals) for the second defendant.
  Michael Bailey (assigned by the Registrar of Criminal Appeals) for the third defendant.
  Catherine Aherne (assigned by the Registrar of Criminal Appeals) for the fourth defendant.
  Mark Roochove (assigned by the Registrar of Criminal Appeals) for the fifth defendant.
  Craig Rush (assigned by the Registrar of Criminal Appeals) for the sixth defendant.
  David Holborn and Gillian Jones (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 13 June 2001

Catchwords

Criminal evidence and procedure - Trial - Preparatory hearing - Scope of preparatory hearing - Evidence - Admissibility - s 78 - s 7(1)(c) - s 29(2)(c).

The Case

In fraud or other complex or long cases, questions concerning the admissibility of evidence, such as might arise under s78 of the which have to be decided in the absence of the jury, should be treated as being for the purpose of 'expediting the proceedings before the jury' within the meaning of s7(1)(c) of the and s29(2)(c) of the . Such questions may, therefore, be determined in the context of a preparatory hearing, and may be subject to interlocutory appeals.

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