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The Courts-Martial (Army) Rules 1997

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Rule 25

SCHEDULE 4HEARING FOR DIRECTIONS

The matters which may be addressed at a hearing for directions shall include—

1.  the issues in the case;

2.  issues, if any, as to the mental or medical condition of any defendant or witness;

3.  the number of witnesses whose evidence will be placed before the court either orally or in writing;

4.  the defence witnesses in 3. above whose statements have been served and whose evidence the prosecution will agree and accept in writing;

5.  any prosecution witnesses whom the defence require to attend at the trial;

6.  any additional witnesses who may be called by the prosecution and the evidence that they are expected to give;

7.  facts which are to be admitted and which can be reduced into writing in accordance with section 10(2)(b) Criminal Justice Act 1967(1), within such time as may be directed at the hearing, and of any witness whose attendance will not be required at the trial;

8.  any exhibits and schedules which are to be admitted;

9.  the order and pagination of the papers to be used by the prosecution at the trial and the order in which the prosecution witnesses are likely to be called;

10.  any alibi which should already have been disclosed in accordance with section 11 Criminal Justice Act 1967;

11.  any point of law which it is anticipated will arise at trial;

12.  any question as to the admissibility of evidence which appears on the face of the papers, and any authority on which the party intends to rely;

13.  any application to be made for evidence to be given through live television link;

14.  any application to submit pre-recorded video interviews with a child witness as evidence in chief;

15.  any application for screens, for use by witnesses seeking a visual break between themselves and any relevant parties;

16.  whether any video, tape recorder or other technical equipment will be required during a trial;

17.  where a tape recorded interview has taken place, of any dispute or agreement as to the accuracy of any transcript or summary;

18.  any other significant matter which might affect the proper and convenient trial of the case, and whether any additional work needs to be done by the parties;

19.  the estimated length of the trial, to be agreed more precisely taking account of any views expressed by the judge advocate and the other parties;

20.  witness availability and the approximate length of witness evidence;

21.  availability of advocate;

22.  whether there is a need for any further directions.

(1)

Sections 9, 10 and 11 of the Criminal Justice Act 1967 are applied to proceedings before courts-martial (subject to the modifications prescribed by the Criminal Justice Act 1967 (Application to Courts-Martial) (Evidence) Regulations 1997 (S.I. 1997/173).

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