S.28 Defence
Ground Rules Hearing Form
In the Crown Court at Location Name
Before HHJ Judge's Name
R v Defendant(s)'s Name(s)
(s.28 YJACEA 1999)
Case Number Case Number
For Ground Rules Hearing on
1)
I am instructed to represent the Defendant(s)
at the Ground Rules Hearing, the S.28
cross examination(s) and the trial
2)
I confirm that I have read the Judicial Protocol
on the implementation of S.28 YJACEA 1999,
and the relevant Toolkit on the Advocate’s Gateway,
which in this case is Toolkit
3)
The witness to be cross examined is
4)
I have viewed the ABE interview of
recorded on
I have full instructions following a conference with
the defendant and his/her signed defence statement
is attached or I have advised the defendant of the
inference that may be drawn from his failure to
provide a defence statement.
5)
The defendant(s) have been given the opportunity of
watching the DVD but have chosen not to do so/
the defendant(s) have watched the DVD
6)
The nature of the defendant’s case is
7)
I require direction from the Court about whether in this
case it is appropriate to “put the case” in full or whether
due to the vulnerability of the witness I should not do so.
The following are the areas upon which I require directions
Ground Rules Hearing date
Defendant(s)'s Name(s)
Toolkit number
Toolkit's name
Witness's name
Witness's date of birth
Witness's name
Date witness's ABE interview was recorded
Date defendant(s) viewed the ABE interview
Nature of the defendant’s case
Areas on which you require directions
Set out those areas upon which you would in the case
of an adult or non-vulnerable witness wish to cross
examine, e.g.: Is the witness lying/fabricating,
Does the witness remember certain incidents
8)
The following are my proposed questions.
Proposed questions
Set out all proposed questions which should be
drafted taking in to account the relevant Toolkit.
The questions should be headed with a headline and
then numbered sequentially under each headline, e.g.:
1. I am going to ask you about…
a) Did you…?
b) Did …?
c) Was…?
Ground Rules Hearing form (11.14)
1
©Crown copyright 2014
In the Crown Court at Location Name
Before Judge's Name
R v Defendant(s)'s Name(s)
Case Number Case Number
9)
I would like direction from the Court about how
the following matters will be put to the jury.
I attach the direction I would ask the Court to make.
Proposed direction
10) I understand if I do not raise matters with the Judge at the GRH and later wish to comment about them to the jury, I may be
precluded from so doing.
11) There are/are no outstanding issues in relation to service
of the Crown case, the unused material schedules or
disclosure. The issues outstanding are as follows:
12)
Outstanding issues
I understand that the Judge is likely to go to meet
the witness before the cross examination.
I would wish to go and meet the witness at the same time.
I would not wish to go and meet the witness at the same time.
13) The defendant has been advised that he/she will receive full credit for his/her plea if s/he pleads guilt prior to date of S.28
hearing, and that the S.28 hearing will count as the first day of the trial for the purposes of credit as defined by the Sentencing
Council, and the maximum credit s/he may receive at PCMH is 10%.
Signature by Counsel(s)
Counsel's name (to represent signing the form)
Date
Ground Rules Hearing form (11.14)
Date of signature(s)
2
©Crown copyright 2014