JAG DH1 – DIRECTIONS OF JUDGE ADVOCATE
THE COURT MARTIAL: PRELIMINARY PROCEEDINGS
PLEA and CASE MANAGEMENT HEARING (PCMH)
; This form sets out the Judicial Directions of the Judge Advocate which are to be followed in
preparing the case for trial
; These Directions are binding ONLY if the form is signed by the Judge Advocate and stamped by
the court
; Defence Representative(s) must complete this form and serve it on the Prosecution in sufficient
time before the PCMH to allow the Prosecution to consider it, make the entries required of them
and submit it in accordance with JAG Practice Memoranda section 3 ; Each side should provide all the information requested, marking boxes as required, indicating
proposed directions they seek, and making proper concessions. ; It may be submitted on paper or (preferably) electronically. Tab key moves from box to box in the
form, mouse click puts X in box. Grey boxes do not print.
Part A Case Data
OJAG Case Reference Number ;
JUDGE ADVOCATE: (signature) COURT
CENTRE
STAMP
…………………………………………………. ; BY ORDER
1. Date of plea & case management
hearing:
2. DEFENDANT
Name, rank & number:
3. In custody? Place: From what date:
No Yes ;
4. Representative of
Defendant:
(give phone no. & email)
5. Prosecuting Officer For trial:
at PCMH:
(give phone no. & email)
6. Future case management to Name:
be supervised by a Judge Advocate No Yes ;
nominated by JAG?
7. Is this case linked with List name, rank & number of other defendants:
other defendants?
No Yes ;
8. Are any other matters Direction:
against the Defendant
pending in any military No Yes ;
or civilian court?
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Part B Arraignment and Plea
9. Has Defendant received Direction:
legal advice? Yes No ;
10. Is Defendant‟s fitness Direction:
to plead in issue? No Yes ;
11. Is the Defendant to be Direction:
arraigned at the PCMH? Yes No ;
12. How does the 11.1 Has the Defendant been advised
Defendant plead? about credit for pleading guilty,
and for early plea? GUILTY [Part C applies
to all charges serials 15-21] Yes No ； NOT GUILTY [Parts D/E apply] to all charges Direction: MIXED PLEAS [See below serials 13-14]
；
13. Charge (briefly) Plea Matters in issue
Charge 1.
Charge 2.
Charge 3.
Charge 4.
Charge 5.
Charge 6.
Charge 7.
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14.1 Is the prosecution prepared Directions regarding such resolution:
to resolve the case by
accepting guilty pleas:
; to some charges? No Yes ;
14.2
; to lesser offences? No Yes ;
14.3
; on a different factual basis? No Yes ;
14.4 Has the judge given a Goodyear What is the Goodyear indication?
indication before arraignment?
No Yes ;
Part C Only if GUILTY Plea
15. Is there a written basis Is it acceptable to [See directions at
of plea? the prosecution? Yes No ; serial 20 regarding
Newton hearings –
Rule 112] Is it acceptable to No Yes ; the Judge Advocate ? Yes No ;
16. Directions re 16.1 Prosecution to serve any further material
Preparations relevant to sentence by date:
for Sentencing
Proceedings 16.2 Pre-sentence report (PSR) to be received by the
MCS and made available to OJAG,
defence and prosecution by date:
16.3 Sentencing bracket under consideration
(for information of Probation Service Indication:
PSR writer)
16.4 The Defence to serve any material for the
court to consider when sentencing by No Yes
1600 hrs on the day before hearing.
17. Will “derogatory Direction:
assertions” be made in No Yes ;
mitigation?
18. Are any directions Direction:
necessary in relation to No Yes ;
Taken Into Considerations?
19. Any further direction Direction:
(e.g. for medical or No Yes ;
psychiatric reports):
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JAG DH1 – DIRECTIONS OF JUDGE ADVOCATE
20. Further Directions 20.1 Issues to be resolved:
if Newton Hearing
required:
20.2 Prosecution to serve any further material by date
20.3 Defence to serve any further material by date
20.4 Witnesses required to attend Yes No (See Annex A for list)
20.5 Specific prosecutor / defence advocate needed? Yes No
Details:
20.6 Any further directions:
21. Directions 21.3 Time Estimate if over 1? hours re Listing parameters
of Guilty Plea / 21.4 Trial start date / Newton Hearing: dates bracket /
not before date:
21.5 Preferred / required
trial venue:
22. Number of lay
members on the board Three lay members Five lay members
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Part D Only if NOT GUILTY Plea – Presentation Of Evidence for Trial Proceedings
23. Has prosecution material been On what date?
disclosed to the defence as Date:
required by rules? Yes ;
No ；
24. Does the prosecution wish to State grounds, and what topic / issue the
adduce additional evidence, No Yes ; additional evidence relates to:
not previously disclosed?
Direction: Any additional evidence to be
served by date:
25. Does the Defence allege that Direction:
the prosecution has not No Yes ; Defence to make any
complied with its obligation application alleging such
to disclose? non-compliance by date:
and the prosecution thereupon to complete
disclosure by date:
26. Is any application being Direction:
made for disclosure of No Yes ;
material from third parties?
Any third party disclosure application
by date:
27. Has the Defence given Defence to give defence statement to
notice of an alibi defence; Yes No ; prosecution and the MCS; or give
or (if applicable) a defence nature of alibi and names of witnesses
statement as required by CPIA? to be called in support
by date:
28. Does further disclosure Direction:
need to be ordered?
Yes No ;
29.1 Have the parties considered If the Judge Advocate approves that the proposed admissions /
which admissions / schedules schedules are sufficient –
can be agreed? Direction:
they are to be drafted by party:
and sent to the other party/ies by date:
Yes ; and the other party/ies to respond by date:
the agreed admissions/schedules to
be filed with the MCS and OJAG by date:
or in the absence of agreement, the party responsible for drafting them No ； to seek further directions by date:
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29.2 If not agreed, or if the Direction:
Judge Advocate does not
approve the proposed
admissions/schedules: ;
Witnesses
30.1 Have the parties indicated on Direction:
Annex A (page 11 below) which
Witnesses are to Attend the trial
to give oral evidence, and which
can be Read? Yes No ;
30.2 Direction: If the list of witnesses to Attend
and be Read has not been agreed or approved,
agreement to be reached and submitted to the
Judge Advocate for approval by date:
or in the absence of agreement the prosecution
to seek further directions by date:
30.3 Is there an agreed running order in the list of witnesses
to attend? (in Annex A – column 5)
If not, agreement to be reached and submitted to the
Judge Advocate for approval by date:
or in the absence of agreement the prosecution
to seek further directions by date:
31. Has the Prosecution indicated Direction:
prosecution witnesses who Yes No ; If the Prosecution wish to apply for
need to be summoned? witness summonses, this is to be done
(Rule 63) by date:
32. Has the Defence indicated Direction:
defence witnesses to Yes No ; If the Defence wish the MCS to arrange
attend trial (including for the attendance of any witnesses at
for Pre-trial hearing the hearing, a list of those witnesses
if applicable)? must be provided to the MCS
by date:
33. Has the Defence indicated Direction:
defence witnesses who Yes No ; If the Defence wish to apply for witness
need to be summoned? summonses, this is to be done
(Rule 63) by date:
34.1 Is it proposed that a witness is Details & grounds:
to give evidence via video
recording and/or live video No Yes ;
conference link, instead
of in person in the courtroom
e.g. to avoid long-distance travel?
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34.2 Direction:
Exhibits
35. Has list of prosecution Direction:
exhibits been completed
by the prosecution at
Annex B (page 12 below) ? Yes No ;
No exhibits
36. Has the Defence responded Direction: Defence to respond
to the prosecution indicating Yes No ; agreeing or challenging exhibits
agreement / challenging the by date:
exhibits? or failing response, the prosecution to
seek further directions
by date:
37. Has the prosecution made available in full Yes No No CCTV
to the Defence any CCTV evidence? If yes, format (VHS, DVD, MPEG, etc): 38. Directions:
Prosecution to make CCTV available to Defendant‟s representative by date:
and the Defence to submit any editing proposals by date:
and the prosecution to respond by date:
and the prosecution to ensure that any CCTV recordings,
film, stills or composites to be used at trial are edited as agreed by date:
and the agreed material to be filed with the MCS by date:
or in the absence of agreement, the prosecution to seek further
directions by date:
39. Does the Judge Advocate require Direction:
any exhibits to be presented in a
particular way in order to be more
easily understood by the Court?
Interviews with Defendant – written transcripts
40.1 Have transcripts of Defendant‟s Direction:
interviews been sent by prosecution Yes No ;
to defence representative?
40.2 Have audio tapes of Defendant‟s Direction:
interviews been sent by prosecution Yes No ;
to defence representative?
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40.3 Directions:
Proposals for the editing of the Defendant‟s interviews to be drafted by party:
and to be served by date:
and the other party/ies to respond by date:
and the agreed interview transcripts to be filed with the MCS and OJAG by date:
or in the absence of agreement, the prosecution to seek further directions by date: Special Measures - Witnesses
41.1 Is it proposed that special Details & grounds:
measures will be required for No Yes ;
any witness?
41.2 Is it proposed that a witness is Directions:
to give evidence-in-chief via No Yes ;
video recording?
41.3 Is it proposed that a witness is
to be cross-examined via live No Yes ;
television link?
41.4 Is it proposed that any other
special measures be taken No Yes ;
regarding a witness?
(e.g. sight screens, victim support worker)
42.1 Has the prosecution delivered to
the defence the transcript of its No Yes No videos
video recorded witness evidence?
42.2 Directions:
Prosecution to deliver transcripts by date:
and the defence to submit any editing proposals by date:
and the prosecution to respond by date:
and the agreed transcripts to be filed with the MCS and OJAG by date:
and the prosecution to ensure that any witness evidence video
recording used at trial is edited to correspond with the agreed transcript by date:
or in the absence of agreement, the prosecution to seek further
directions by date: 42.3 Any further directions:
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43.1 If video recordings are to be put in evidence, in what technical
format will they be provided? (e.g. VHS tapes, DVD, MPEG) Format:
43.2 Directions:
So as to enable compatible equipment to be provided
and tested before trial, technical information to be
provided to the Court Officer, MCC by party
venue
by date
Expert Witnesses
44.1 Does the prosecution Details: EW-Pros
propose to call expert 1. Field of expertise evidence No Yes ;
Name
44.2 If so, have the experts‟
reports or proofs been Yes No ； 2. Field of expertise disclosed?
Name (See below)
44.3 Does the Defence propose Details: EW-Def
to call expert evidence? No Yes ; 1. Field of expertise
Name
2. Field of expertise
Name
44.4 Directions:
Prosecution / Defendant‟s Expert Witnesses‟
Reports or proofs to be disclosed by date:
Experts of like discipline are to meet by date:
and a written statement listing the points of agreement
and the points of disagreement with a summary signed
by both experts to be filed with MCS by date:
44.5 Does the Judge Advocate Directions:
require the expert evidence to
be presented in a particular No Yes ;
way in order to be more easily
understood by the Court? No EW
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Other evidential matters
45. Does any witness or Defendant State them: Directions:
need an interpreter or have
special needs for which
arrangements should be made?
If the Defence intends to object to
No Yes ; prosecution proposals, objection to be
filed by date: 46. Introduction of „bad character Direction:
evidence‟ or „hearsay evidence‟: Any applications regarding
(Rules 78 to 82) hearsay / bad character are
to be made by date:
Any responses by date: 47. Preparation of bundle of Direction:
documents for the board: Uniform paginated bundle to be supplied in enough copies for
the judge, board members, advocates and witness box.
by date:
48. Is any application Direction:
to be made for
Reporting Restrictions? No Yes ;
Media representatives to be notified of
application by date:
Issues of Law
49.1 Are there legal issues to be State them:
decided before the board is No Yes ;
sworn?
If so, should they be heard:
immediately before the main trial?
or at a separately arranged hearing?
(See serial 51 below for listing directions)
49.2
Prosecution witness(es) required for any hearing
ordered under serial 49.1? No Yes ; (See Annex A for list)
49.3 Skeleton arguments:
On behalf of Prosecution/Defence by date:
Any in response by date: 49.4 Any further Directions Directions:
required:
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