The court was asked whether there could be deployment at the trial of things said by the defendant’s counsel at a pre-trial review.
Held: Pre-trial reviews had no statutory basis. Whilst many judges and practitioners might welcome a pre-trial review having the force of law, until a change, a pre-trial review was to be regarded as an essentially voluntary discussion about matters affecting a forthcoming trial. It took place on the understanding that nothing said at such a hearing could be used at the trial without the consent of the other party. Under that approach there was no discretion on the part of the court whether to admit or exclude such evidence. It simply was not admissible, because of the very nature of the discussion and the understanding upon which the parties embarked on it.
Citations:
[1986] 82 Crim App R 51
Jurisdiction:
England and Wales
Criminal Practice
Updated: 31 August 2022; Ref: scu.430687
