or dishonesty in a commercial context, of such seriousness and complexity that substantial benefits are likely to accrue from a hearing (a “preparatory hearing”) before the jury is empanelled, for the purpose of―
- (a) identifying issues which are likely to be material to the verdict of the jury;
- (b) assisting the jury’s comprehension of any such issues;
- (c) expediting the proceedings before the jury; or
- (d) assisting the judge’s management of the trial,
he may order that such a hearing shall be held in respect of the count or counts to which section 3(1) relates.
(2) The judge may make an order under subsection (1) on the application either of the prosecutor or of the person indicted or of his own motion.
(3) At a preparatory hearing the judge may―
- (a) exercise all of the powers specified in this Part and, subject to this Part, make any order which he is empowered to make under this Ordinance;
- (b) determine any question of law relating to the case including any question as to the admissibility of evidence; and
- (c) prescribe the period within which notice of particulars of alibi under section 65D of the (Cap. 221).Criminal Procedure Ordinance is required to be given.
(4) An order made at a preparatory hearing shall have effect for the purposes of the trial except to the extent that the judge in the interests of justice varies or discharges that order.
(5) Any order made at a preparatory hearing may specify the time within which it is to be complied with.
(6) A preparatory hearing may from time to time be adjourned by the judge to a time and place appointed by him.
(7) Nothing in this section shall derogate from the discretion of the court to sever any indictment and order the separate trial of any count or counts of the indictment.
No appeal against or questioning of order for preparatory hearing. 10. An order for the holding of a preparatory hearing made by a judge under section 9(1) shall not be subject to appeal or liable to be questioned in any court.
Commencement of trial. 11. If a judge orders a preparatory hearing to be held the trial shall commence with that hearing.
Plea. 12. At the commencement of a preparatory hearing the indictment shall be read over to the accused, and explained to him if necessary; the accused may plead to the indictment at that time or may defer his plea but he shall, unless he has already done so, be required to plead to the indictment before the jury is empanelled.
