Foreword

The preliminary hearing system was designed, first, to deal with all preliminary pleas and issues in advance of the trial and, secondly, to fix a trial diet, within the 140-day time limit, at a point when the case was ready for trial. The trial would proceed as scheduled, other than where desertion or a guilty plea followed.

As a result of having a dedicated cadre of pro-active judges who have made a collective effort to maintain a uniform and effective approach, the introduction of a preliminary hearing has been largely successful in producing an efficient system which complies with the intention of the legislation and ensures that trials are held within a reasonable time.

Practitioners, staff and judges prefer to work in a system which operates efficiently. In the case of counsel and especially agents, there ought to be a degree of satisfaction on completion of a prosecution, whatever its outcome.

In an effort to maintain a consistent and effective approach to case management, Lords Matthews and Beckett have co-authored this comprehensive bench book for the conduct of preliminary hearings. It will provide support to the preliminary hearing judges in dealing with the many issues which must be addressed. It will also be a valuable tool for practitioners who will better understand the obligations which rest upon them and the expectations the court will have of them.

I am very grateful to Lords Matthews and Beckett for their original work on this project. I commend the bench book to all.

Lord Justice General

The Right Honourable Lord Carloway

July 2020