Lawyers for Hillsborough match commander David Duckenfield have made an application to halt his prosecution.
The ex-South Yorkshire Police chief superintendent is accused of manslaughter by gross negligence of 95 people who died in the 1989 disaster.
Mr Duckenfield denies the charges and is due to stand trial on 14 January.
An application to stay the prosecution, made by Ben Myers QC, defending, is being heard by judge Mr Justice Openshaw at Preston Crown Court.
Mr Duckenfield, 73, faces the charges following a crush at the Leppings Lane end of Sheffield Wednesday’s stadium during an FA Cup semi-final between Liverpool and Nottingham Forest, which resulted in the deaths of 96 Liverpool supporters.
He is due to stand trial alongside former Sheffield Wednesday club secretary Graham Mackrell, 68, who has been charged with an offence involving the stadium safety certificate and a health and safety offence.
Under the law at the time, there can be no prosecution over the death of the 96th victim, Tony Bland, as he died more than a year and a day after his injuries were caused.