Wales and Cheshire Region Practice Direction
Prior to the plea and directions hearing (PDH)
- counsel for the prosecution must consider:-
a) whether the indictment drafted properly reflects the criminality of the matters charged and any realistic alternatives and
b) what pleas would be acceptable;
he must advise the Crown Prosecution accordingly
- counsel for the defence must fully advise the defendant and draw his attention to the provisions of Section 48 of the Criminal Justice Act 1994
- the legal representatives, in the light of such advice, should discuss the acceptability of any pleas which the defendant may indicate.
It is expected that counsel who is to appear at the trial will be present at the PDH, if at all practicable; if counsel who is to appear at the trial cannot be present, he should ensure that counsel who is to appear at the PDH is familiar with the advice which has been given.
If counsel retained for the trial cannot be present at the PDH, then counsel who attends must be in a position to deal with all matters that may be raised. In particular he will need to be familiar with:
- the defence statement and the issues to be raised at trial;
- witness requirements; he may need to explain the requirements of witnesses identified in accordance with Rule 5 of the Practice Rules for PDH hearings;
- the requirement for any further editing of the interview of the defendant;
- if expert evidence is involved, the issues raised and the proposed timetable;
- witness and counsel availability for the trial;
- an accurate estimate for the length of the trial;
- the counts on the indictment and the acceptability of pleas.
If further time is required to enable a PDH to be conducted properly, counsel must inform the court at the initial listing of the PDH of the fact, of the reason why matters cannot be properly dealt with and any advantages of an adjournment of the PDH.
If any difficulties are anticipated in complying with any order made at the PDH, the Case Progression Officer must be informed prior to the expiry of the time within which the order should have been carried out.
If after a plea of not guilty has been tendered at the PDH, a defendant wishes to change his plea, the Court and the Crown Prosecution Service must be informed at once so that the matter can be listed for a further hearing prior to the listing for trial.
The listing arrangements for PDHs will be the subject of regular review.
The Hon. Mr Justice Maurice Kay
The Hon. Mr Justice Thomas
27 January 1999
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