Practice Directions

1. In all cases where the prosecution applies to transfer a case to the District Court from the magistracy, they shall on or before the date of transfer serve on each defendant copies of the witness statements of those witnesses whom they propose to call at trial and copies of those documentary exhibits upon which they will seek to rely at trial.

2. The witness statements shall be served in a bundle or bundles such that the statements are firmly bound together and follow each other, with their pages consecutively numbered. Where witness statements have been translated, both versions shall be served and one shall follow the other in the bundle.

3. The bundle of witness statements shall be prefaced by an index numbering each witness consecutively and giving the name of the witness; a brief description of their role (such as victim of burglary “A”, eye witness of wounding “B”, interviewing officer of D4) and a page number for each statement they have made which is included in the bundle, similar to the example on the page following this Practice Direction.

4. The documentary exhibits shall be firmly bound together and follow each other with their pages consecutively numbered in a separate bundle or bundles.

5. The documentary exhibits shall be prefaced by an index, stating briefly the nature of the document and naming the witness by whom it will be produced (and/or those who will speak to it) and providing the page number of the exhibit in the bundle, similar to the example on the page following this Practice Direction.

6. Any further material upon which the prosecution seek to rely shall be served as additional evidence. It shall be accompanied by a form making clear that the material to which it relates is additional evidence. Such material shall be indexed and bear a page number running consecutively from the end of the relevant bundle.

7. Where translations accompany material, the service of the bundle shall not be delayed by awaiting certification if certification is intended. Such translations shall be served uncertified, but so soon as certified copies are available they shall be served on each defendant and shall bear the page numbers of those pages previously uncertified.

9. In cases where there is a considerable volume of banking documents, the bankers' affidavits and the exhibits thereto shall be served in a separate bundle, with consecutively numbered pages and be prefaced by an index setting out the name of the deponent, the bank in respect of which he speaks, the account numbers and the names of the account holders and the nature of the exhibits produced with the identifying number of each such exhibit married to its page number in the bundle, similar to the example on the page following this Practice Direction.

10. On the service of the original bundles the prosecution shall also serve a form stating whether or not unused material exists and giving the name and contact numbers and address of the person to be contacted in respect of viewing any unused material.

11. Any party to a case transferred to the District Court may apply to a judge of the District Court for an order amending, applying, varying, dispensing or otherwise in respect of any of these directions.

12. No failure to comply with these directions shall bar the transfer of a case to the District Court or the making of any orders in relation to the case.

14. The party to whom a notice under para.13 is addressed may serve a notice in reply stating any fact admitted. Such admission should be made in compliance with s.65C of the Criminal Procedure Ordinance, (Cap.221), and a copy of the notice should be served on the Registrar, District Court. In the absence of such notice, oral admissions may be made by or on behalf of either party to the judge at the pre-trial review.

15. A written statement proposed to be tendered in evidence in terms of s.65B of the Criminal Procedure Ordinance (Cap.221), should be served by the party so proposing before the pre-trial review, but should not be served on the Registrar, District Court unless it is agreed by the parties that there is no objection to such statement.

16. At the pre-trial review, counsel or solicitors will inform the trial judge of the following:

17. The judge conducting the pre-trial review may give directions for the further conduct of the proceedings.

18. A represented accused has a right to attend the pre-trial review, but may waive that right if he wishes. If an accused who wishes to attend is in custody, early notice shall be given to the Registrar, District Court so that arrangements may be made.

19. This Practice Direction consolidates and supersedes the Practice Directions now appearing at pages 10.14, 10.15, 10.20, 10.21 and 10.22.

20. This Practice Direction shall take effect on 1 February 1999.

Dated this 31st day of December 1998.