What happens at a pre-trial hearing: bail, disclosure and dates

A pre-trial hearing is a preparatory session held before a criminal trial begins. No verdict is reached and no evidence is tested in front of a jury. Instead, the court decides how the case will be run, whether the defendant stays in custody or is released, and when the trial will take place. This guide describes the process in England and Wales, with notes on how other systems differ.

What a pre-trial hearing is for

Most criminal cases begin in a magistrates' court. Serious offences are then sent to the Crown Court, where a judge hears a further preliminary hearing. In England and Wales this is usually called the Plea and Trial Preparation Hearing. It normally takes place within a few weeks of the case being sent.

The aim is case management: identifying what is agreed, what is disputed and what must happen before a trial can be fair and efficient. Under the Criminal Procedure Rules, which govern criminal procedure in these courts, the judge is expected to take an active role in keeping the case on schedule. Both the prosecution and the defence must help the court do so.

Anyone charged with an offence is presumed innocent. Nothing said at this stage is a finding of fact, and the allegations remain allegations until a court decides otherwise.

Bail: release or custody until trial

One of the first questions is whether the defendant should be held in custody or released on bail. Bail means release on the condition that the person returns to court when required. In England and Wales the Bail Act 1976 starts from a presumption that a defendant should be granted bail, but the court may refuse it where there are substantial grounds for believing the person would:

• fail to surrender to the court on the due date;
• commit another offence while on bail; or
• interfere with witnesses or otherwise obstruct justice.

The court also considers the seriousness of the alleged offence, the defendant's record, their ties to the area and the strength of the evidence. Where bail is granted, it may carry conditions, such as:

• living at a stated address;
• reporting to a police station at set times;
• observing a curfew, sometimes with electronic monitoring;
• surrendering a passport; or
• staying away from named people or places.

A surety, meaning a person who promises to pay a sum of money if the defendant absconds, may also be required. If bail is refused, the defendant is remanded in custody. Statutory custody time limits restrict how long someone can be held before trial begins. The court can extend them only in limited circumstances. A defendant refused bail can ask again if circumstances change.

Disclosure: what each side must share

Disclosure is the process by which the prosecution passes material to the defence. It is central to a fair trial. The prosecution serves the evidence it intends to rely on. It must also reveal "unused material", meaning items gathered during the investigation that it does not plan to use but which might undermine its case or help the defence.

The Criminal Procedure and Investigations Act 1996 sets out the framework. In practice, a disclosure officer lists the material on schedules, and a prosecutor decides what must be handed over. Examples include police notes, CCTV, witness statements and phone records.

Sensitive material

Some material cannot be shown to the defence because releasing it could endanger a person or damage an ongoing investigation. The prosecution may ask the judge to rule on this in private. The legal test is known as public interest immunity, which in plain terms means the court weighs the need for secrecy against the defendant's right to a fair trial.

The defence's role

In the Crown Court the defence must serve a statement setting out the general nature of its case and the issues it disputes. This allows the prosecution to focus its own preparation. The judge may set deadlines for each step and can ask for explanations if they are missed.

Setting the trial date

Once the issues are clear, the court fixes a timetable. The judge will hear how long the trial is likely to last, how many witnesses will give evidence and whether any are unavailable on particular dates. Defence and prosecution advocates, and the court's own listing arrangements, all affect the outcome.

Other matters are often settled at the same time:

• whether the defendant pleads guilty or not guilty, which determines whether a trial is needed at all;
• facts that both sides accept and need not prove;
• special measures for vulnerable witnesses, such as giving evidence by video link or from behind a screen;
• whether an interpreter is required; and
• any legal arguments, for example over whether certain evidence may be admitted.

Trial dates can still move. Late disclosure, illness or a shortage of court time may lead to a hearing being