This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Find out how public order case management hearings are conducted in England and Wales, including the role of the Plea and Trial Preparation Hearing (PTPH), disclosure management, judicial directions, and procedural steps from initial hearing to trial preparation. Practical legal guide.
Public order offences in England and Wales cover conduct such as violent disorder, affray, riot and offences connected to protests or demonstrations that breach the peace or public order. When a person is accused of such an offence, the criminal justice system uses case management hearings to organise the case and ensure efficient preparation for trial. This article explains what happens during public order case management hearings, the legal framework governing these hearings, the steps involved, and what both prosecution and defence teams should expect. It is written for solicitors, students, and members of the public without prior legal knowledge.
What Are Case Management Hearings?
A case management hearing is a pre‑trial judicial session used to prepare a criminal case for trial or disposal. Judges and magistrates use these hearings to clarify issues, manage evidence and disclosure, set deadlines and timetables, and resolve procedural matters so that the trial itself can proceed smoothly and without unnecessary delay. The requirement for active case management is grounded in the Criminal Procedure Rules (CrimPR), which obligate courts to further the overriding objective of just, efficient and proportionate proceedings.
In criminal cases that proceed to the Crown Court (often the case for serious public order offences), the principal case management hearing is the Plea and Trial Preparation Hearing (PTPH). In less serious cases heard in the magistrates' court, case management directions may be set at early hearings.
Public Order Offences and Case Progression
Public order offences encompass a range of conduct, from summary‑only offences (minor breaches of the peace) to serious indictable offences (e.g. violent disorder and riot). The Crown Prosecution Service (CPS) charging standards require prosecutors to select charges that reflect the evidence and ensure clear presentation. These decisions influence how a case will be managed in court.
For less serious public order matters, the magistrates' court may set case management directions and timetable the case for trial or adjournment. For serious offences requiring jury trial, the matter is committed to the Crown Court where formal case management begins at the PTPH.
Case Management in the Magistrates' Court
When a public order matter is first listed before a magistrates' court:
- the court must ensure that initial details of the prosecution case are provided to both court and defence, including a summary of the offence, witness accounts, key exhibits (such as CCTV), and any victim personal statements where available.
- if the defendant indicates a not guilty plea, magistrates will consider directions for case management, such as deadlines for disclosure, witness statements, expert evidence, and preparation for trial in the magistrates' court.
- if the offence is sufficiently serious or combined with other indictable matters, magistrates will send the case to the Crown Court with a timetable and any preparatory directions.
Case management directions at this stage help narrow the issues, ensure early compliance with disclosure obligations, and establish a clear timetable for any future pre‑trial progress hearings.
The Plea and Trial Preparation Hearing (PTPH)
Where a public order offence is sent to the Crown Court, the Plea and Trial Preparation Hearing is the cornerstone of case management. This hearing typically takes place within about 28 days of the case being sent from the magistrates' court, unless there are exceptional circumstances.
Purpose of the PTPH
The PTPH has several purposes:
- Arraignment and Plea: The indictment (formal list of charges) is read and the defendant enters a plea of guilty or not guilty.
- Identification of Issues: If the plea is not guilty, the judge identifies the key issues in dispute, including factual disputes (such as whether violence occurred) or legal points (e.g. admissibility of evidence).
- Case Timetable: The judge sets binding directions and deadlines. These can include service of further evidence, provision of witness statements, expert evidence, applications relating to evidence, and special measures if vulnerable witnesses are involved.
- Disclosure Oversight: The court assesses whether initial disclosure and a Disclosure Management Document (DMD) have been prepared, and may direct further lines of enquiry. The DMD outlines what the prosecution has considered and discloses material that might assist defence or undermine the prosecution case.
By concentrating on these core elements at an early stage, the PTPH promotes early clarity and reduces the risk of unnecessary delays later in the proceedings.
Directions and Timetables
During and after the PTPH, the judge may set timetables that include:
- Deadline for prosecution disclosure: The prosecution must serve relevant material, including unused material, as soon as reasonably practicable.
- Defence statements: In Crown Court cases, the defence is required to serve a written defence statement, identifying disputed facts and intended witnesses.
- Witness and expert evidence timelines: Directions can include service of expert reports (e.g. on injuries, crowd behaviour) and witness availability.
- Further hearings: The judge may schedule mentions or interim hearings to monitor compliance with directions if necessary.
These steps ensure that all parties are clear about what evidence and issues will be relevant at trial, and help minimise unnecessary adjournments.
Special Measures and Vulnerable Witnesses
Public order cases can involve witnesses who are vulnerable due to age, disability or trauma from witnessing or experiencing disorder. The Criminal Practice Directions require that cases involving applications for special measures (such as screen‑separated evidence or intermediaries) be identified early and included in case management planning.
Before the PTPH, defence and prosecution must have notified the court and each other of any such intentions so that the judge can schedule appropriate directions and allow sufficient time for preparation.
Rights and Responsibilities in Case Management
Prosecution Obligations
The prosecution must:
- provide initial details of the case in good time ahead of the first hearing;
- prepare a Disclosure Management Document (DMD) and make reasonable lines of enquiry in accordance with the Attorney General's Guidelines on Disclosure; and
- serve prosecution evidence, including unused material, before the deadlines set by the court.
Defence Duties
The defence must:
- review and respond to prosecution disclosure;
- serve a defence statement within the timetable set, especially in Crown Court cases;
- identify witnesses and expert evidence they intend to rely on; and
- comply with all directions issued at the PTPH or subsequent hearings.
Failure to comply with directions may lead to sanctions or adverse comments from the judge at trial.
Common Questions About Public Order Case Management
Is case management the same as trial?
No. Case management hearings are preparatory and procedural. They organise evidence, clarify issues and set timetables but do not decide guilt.
Can directions be varied?
Yes. Judges can vary timetables and directions if both parties agree or if new information emerges that justifies adjustment.
Are hearings public?
Pre‑trial hearings are generally in open court unless the judge orders otherwise for reasons of vulnerability or confidentiality.
Key Takeaways
Public order case management hearings play a central role in preparing criminal cases for trial in England and Wales. Whether in the magistrates' court or the Crown Court, these hearings ensure that evidence and legal issues are organised, that disclosure obligations are met, and that realistic timetables are set. The Plea and Trial Preparation Hearing (PTPH) is the principal mechanism in Crown Court cases, requiring early plea entry, issue identification and timetable directions. Effective case management contributes to fairness, efficiency, and clarity for all parties involved in public order prosecutions.
