Wales and Cheshire Region Practice Direction
It is expected that counsel retained for the trial will be present at the PDH, if at all practicable.
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 the matters that may be raised. In particular, he will need to be familiar with :
- the defence statement and the issues to be raised at the 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.
The listing officer will be instructed to list all floating cases which are listed for trial as available for trial in any court which is sitting that day at Swansea. Such cases will not be listed before a specific court.
This will mean that counsel cannot accept instructions for the trial of floating cases which may preclude trials of floating cases taking place because of their commitments in a case which is listed before a specific court that day.
The number of floating cases listed each day will be determined by the listing officer after consultation with the Resident Judge.
Back up cases may only be listed with the specific approval of the Resident Judge; unless his specific direction is given, counsel cannot accept instructions for the back up trial which would preclude the transfer of a case to another court.
The listing officer will list the floating case with a 'not before' time. Arrangements should be made for witnesses to be contactable by telephone, or where this is impracticable or may result in a witness not attending, the witness should attend at Swansea for the 'not before' time.
Floating cases will not be released from the day's list without being mentioned before the Resident Judge.
Once listed, cases will not be removed from the list by the listing officer without the approval of the Resident Judge.
Cases listed for trial at Haverfordwest will, wherever practicable, be tried at Haverfordwest and not transferred to another court on the day of trial.
Counsel and solicitors instructed are reminded that it is their duty to ensure that the listing officer is advised as soon as possible of any likely change of plea or any matter which may make it impossible to hear a case listed for trial on the day listed.
The arrangements for Carmarthen will for the present remain the same as those for Haverfordwest, pending the further review.
Unless the Resident Judge specifically agrees, no Assistant Recorder or Recorder will normally be allocated a sitting period of less than 9 or 10 days at Swansea.
This direction shall come into force with immediate effect.
The Hon. Mr Justice Maurice Kay
The Hon. Mr Justice Thomas
28 October 1998
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