Wales and Cheshire Region Practice Direction
The following Directions shall apply in all Crown Courts on the Wales and Chester Circuit and are issued following the judgment in the Divisional Court in R -v- Manchester Crown Court, Ex parte McDonald reported in The Times on 19th November 1998.
The existing practice whereby unopposed applications to extend custody time limits are made and granted in written form shall cease forthwith.
All such applications, without exception, shall be listed in open Court. Advocates for all parties and all Defendants affected must attend.
Any application will be listed:
a) before the nominated trial judge if there is one and if he is available; or
b) if the case is reserved to a High Court Judge, before any High Court Judge who may be sitting;
c) in any other case and where the nominated Judge or High Court Judge is unavailable, before the Resident Judge. If the Resident Judge is unavailable the matter is to be heard by the most senior Circuit Judge sitting at the time.
Advocates instructed in the trial should attend the hearing if possible. If this is not possible it will be necessary for Advocates on both sides, particularly Prosecuting Advocates, to be fully instructed on all aspects of the case relating to the time table, the nature of the case and all factors which might go properly to informing the Court of all matters which may affect the judgment to be made, pursuant to S.22(3) of the Prosecution of Offenders Act 1985 and in accordance with the judgment of the Divisional Court. All Advocates appearing on such applications will be expected to be fully conversant with the judgment.
Such applications will normally be listed at 10.00 am., with the need to bear in mind that each application however short the extension sought may be, must be fully and carefully considered, so that the time to be allowed may be significant. Advocates should inform the Court at least 24 hours before the hearing of the anticipated length of the application.
The Hon Mr Justice Maurice Kay
The Hon Mr Justice Thomas
18 December 1998
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