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.
Explore how harassment case management hearings are conducted in England and Wales, including how courts manage disclosure, set timetables, handle pleas and prepare cases for trial in both magistrates' and Crown Courts. Comprehensive legal guide.
When someone is charged with an offence involving harassment, such as a course of conduct causing alarm or distress under the Protection from Harassment Act 1997 or related public order offences under the Public Order Act 1986, the case must be prepared for trial before it can proceed in court. An essential part of this preparation is the case management hearing - a structured judicial process designed to organise and progress the case through the criminal justice system. This article explains what happens during harassment case management hearings, how they are conducted, the legal principles involved, and what participants should expect in both magistrates' courts and the Crown Court.
Why Case Management Matters
Case management hearings are an administrative and legal mechanism to ensure that criminal cases are handled efficiently, fairly, and without unnecessary delay. These hearings are governed by the Criminal Procedure Rules and Criminal Practice Directions, which require courts to actively manage criminal proceedings to further the “overriding objective” of justice - meaning cases should be dealt with proportionately, fairly and in a timely manner.
In harassment cases, effective case management is important because the defendant's plea, the volume of evidence, disclosure obligations and witness preparation all have a direct impact on how the case will be tried.
The Legal Framework
Criminal Procedure Rules
The Criminal Procedure Rules 2015 set out detailed procedural obligations for courts and parties in criminal proceedings. These rules require case management at all stages of a criminal case and mandate that directions are given where necessary to ensure the case proceeds efficiently.
The Criminal Procedure and Investigations Act 1996
The Criminal Procedure and Investigations Act 1996 (CPIA) governs the disclosure process in criminal cases. It requires the prosecution to disclose evidence that may undermine its case or assist the defence. Disclosure is a continuous duty, and case management hearings often focus on ensuring all relevant material is disclosed in good time.
What Happens at the First Hearing
In the Magistrates' Court
Most harassment cases start in the magistrates' court because many harassment offences are summary only or either way. At the first hearing, the court will:
- Provide initial details of the prosecution case so that both the defendant and the court understand the nature of the allegations. The prosecution is required to serve initial details by the start of the first hearing.
- Take the defendant's plea (guilty or not guilty). If the defendant pleads guilty, the case may be disposed of or adjourned for sentencing. If the plea is not guilty, the court will begin case management.
- Set case management directions when appropriate. These may include timelines for disclosure, preparation of statements, provision of witness details, and further hearings.
- Decide whether the case should stay in the magistrates' court or be sent to the Crown Court (for example, if the offence is more serious or either way and the magistrates decide it is not suitable for summary trial). Case management ensures the appropriate court is dealing with the case.
Effective case management at this stage ensures that evidence and witness preparation are underway and that the court has clarity on the issues in dispute, reducing the risk of unnecessary delay.
Case Management in the Crown Court
Where a harassment case is sent to the Crown Court - often because of its seriousness, complexity or related offences - case management is structured around a Plea and Trial Preparation Hearing (PTPH). This is the principal pre‑trial hearing in the Crown Court.
The Plea and Trial Preparation Hearing (PTPH)
A PTPH typically takes place within about 28 days of the case being sent from the magistrates' court. At this hearing:
- The indictment is read and the defendant enters a plea of guilty or not guilty. This is called arraignment.
- If the plea is guilty, the judge may proceed to penalty or adjourn for a pre‑sentence report.
- If the plea is not guilty, the judge focuses on case management - identifying factual and legal issues, and making orders to structure the preparation for trial.
- The court sets directions and timetables for disclosure, exchange of evidence, service of defence statements and other preparatory steps.
- The prosecution must normally file a Disclosure Management Document (DMD) in advance of the PTPH, outlining how disclosure responsibilities have been managed. Defence representatives are invited to highlight additional reasonable lines of enquiry. This assists the judge in managing the case effectively.
The PTPH can also address bail or custody issues if the defendant is remanded, and sometimes sets further hearings if complex legal questions or witness vulnerabilities require additional judicial oversight.
Key Tasks During Harassment Case Management
Disclosure and Evidence Exchange
One of the central tasks in case management is ensuring that the disclosure process complies with statutory requirements. Under the CPIA, the prosecution must disclose any material which might reasonably be considered capable of undermining its case or assisting the defence. This includes relevant unused material.
Case management hearings set deadlines for:
- Initial and continuing disclosure;
- Service of prosecution evidence;
- Exchange of defence statements; and
- Identification of witnesses and expert evidence (if applicable).
Clear deadlines help avoid late disclosure and minimise adjournments closer to trial.
Practical Issues: Vulnerable Witnesses and Special Applications
Although harassment cases often involve adult complainants and witnesses, some cases may include persons considered vulnerable. Where special measures are required (for example, intermediaries or screens), case management hearings allow the judge to make direction about how and when those measures will be used. This aligns with Criminal Practice Directions that require advance planning for effective trial preparation.
In some cases, judges may need to manage preliminary legal applications - for example disputes about admissibility of evidence or legal issues about patterns of behaviour alleged by the prosecution. Case management hearings provide a forum for such applications to be scheduled and heard in a way that does not disrupt the trial.
Time Limits and Compliance
In summary criminal offences (such as non‑violent harassment that is triable only in the magistrates' court), there are statutory time limits on how long the prosecution has to bring the matter to trial. Typically, a summary offence must be tried within six months of the date of the offence unless specific exceptions apply. This underlines the importance of efficient case management to avoid unnecessary delays.
Case management directions issued by a court are binding on both prosecution and defence. Parties are expected to comply with deadlines and, if they cannot, to notify the court to seek an agreed variation. Failure to comply without good reason can lead to sanction or adverse cost or case progression consequences.
Common Questions About Harassment Case Management
Is a case management hearing a trial?
No. A case management hearing is preparatory. It organises the case, clarifies issues, and sets a timetable, but it does not decide guilt or innocence. Questions of guilt are resolved at trial after evidence has been fully prepared.
Can a victim attend?
Most case management hearings in magistrates' and Crown Courts are held in open court, meaning members of the public (including victims) may attend. However, victims are not required to attend and are typically updated through their legal representative or the Victim Liaison Unit.
What happens if new evidence emerges after a case management hearing?
If new evidence arises, the parties must notify each other and the court. The judge may vary existing directions or list an interim hearing to consider how best to incorporate the new material without causing unfairness or delay.
Key Takeaways
Harassment case management hearings are key procedural steps in preparing criminal cases for trial in England and Wales. Whether in a magistrates' court or the Crown Court, these hearings structure the progression of the case, clarify issues in dispute, manage the exchange of evidence through disclosure, and set enforceable timetables for preparation. They help ensure that harassment cases progress fairly and efficiently towards trial or disposal, supporting both the prosecution and defence in understanding what remains to be done and when.
