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Direction - DH1 Directions of Judge Advocate

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Direction - DH1 Directions of Judge Advocate

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?

     Page 1 of 13 DH1 ver5 Nov 2009

JAG DH1 DIRECTIONS OF JUDGE ADVOCATE

    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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JAG DH1 DIRECTIONS OF JUDGE ADVOCATE

    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):

     Page 3 of 13 DH1 ver5 Nov 2009

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

     Page 4 of 13 DH1 ver5 Nov 2009

JAG DH1 DIRECTIONS OF JUDGE ADVOCATE

    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:

     Page 5 of 13 DH1 ver5 Nov 2009

JAG DH1 DIRECTIONS OF JUDGE ADVOCATE

    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?

     Page 6 of 13 DH1 ver5 Nov 2009

JAG DH1 DIRECTIONS OF JUDGE ADVOCATE

    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?

     Page 7 of 13 DH1 ver5 Nov 2009

JAG DH1 DIRECTIONS OF JUDGE ADVOCATE

    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:

     Page 8 of 13 DH1 ver5 Nov 2009

JAG DH1 DIRECTIONS OF JUDGE ADVOCATE

    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

     Page 9 of 13 DH1 ver5 Nov 2009

JAG DH1 DIRECTIONS OF JUDGE ADVOCATE

    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:

     Page 10 of 13 DH1 ver5 Nov 2009

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