Form 56

AN CHÚIRT CHUARDA
THE CIRCUIT COURT

 

CIRCUIT

COUNTY OF

 

People (D.P.P.) -v- ........

Case/ Bill no .....

PARTICULARS OF APPLICATION FOR PRELIMINARY TRIAL HEARING (PTH)

 

1. This application to direct the holding of a preliminary trial hearing in respect of the above trial in accordance with section 6 (1) of the Criminal Procedure Act 2021 (the “2021 Act”) is made by the *accused/*prosecution.

2. The charges to which the application relates are:

*3. The trial is scheduled to commence on the ...day of .... 20...

The moving party intends to seek the following orders, rulings and/or directions in accordance with section 6 of the 2021 Act at a preliminary trial hearing:

Orders, rulings and/or directions sought by moving party

Replying party’s response

(PTH Reply)

[NB: Strike through or delete any application below which is not relevant]

 

1. The trial is one in which a preliminary trial hearing is required to be held in accordance with section 6(2) of the 2021 Act because (a) the accused is charged with a relevant offence within the meaning of section 5 of the 2021 Act, namely .......; (b) this application is made to the Court for a preliminary trial hearing to be held, and (c) no preliminary trial hearing has previously been held in respect of the trial of the said offence

*Agree/*Disagree

*Reasons for disagreement

2. The trial is not one in which a preliminary trial hearing is required to be held in accordance with section 6(2) of the 2021 Act, but it would be conducive to the expeditious and efficient conduct of the proceedings, and not contrary to the interests of justice for a preliminary trial hearing to be held.

*Agree/*Disagree

*Reasons for disagreement:

*Evidence expected to be required:

Reasons:

 

Evidence intended to be led:

 

3. The following orders/rulings regarding the availability of witnesses for the trial:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

4. The following orders/rulings regarding particular practical measures or technological equipment required for the conduct of the trial:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

5. The following orders/rulings arising from the extent to which the trial is ready to proceed (including any outstanding issues relating to disclosure):

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

6. The following orders/rulings arising from the likely length of the trial (which is estimated to be .......):

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

7. There being two or more persons charged in the same proceedings, namely .........., an order that the persons be tried separately:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

8. An order under or pursuant to section 6 of the Criminal Justice (Administration) Act 1924 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

9. An order under or pursuant to section 15A of the Juries Act 1976 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

10. An order under or pursuant to *section 21 * section 22 of the Criminal Justice Act 1984 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

11. An order under or pursuant to section 3 of the Criminal Law (Rape) Act 1981 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

12. An order under or pursuant to *section 13, *section 14, *section 14A, *section 14C, *section 19A * section 29 of the Criminal Evidence Act 1992 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

13. An order under or pursuant to section 39 of the Criminal Justice Act 1999 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

14. An order under or pursuant to section 181 of the Criminal Justice Act 2006 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

15. An order under or pursuant to section 67 of the Criminal Justice (Mutual Assistance) Act 2008 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

16. An order under or pursuant to section 34 of the Criminal Procedure Act 2010 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

17. An order under or pursuant to section 21 of the Criminal Justice (Victims of Crime) Act 2017 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

18. An order under or pursuant to section 25 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

19. A relevant order, within the meaning of section 3 (1) of the Criminal Procedure Act 2021 , as to the admissibility of evidence (including an order under or pursuant to section 16 of the Criminal Evidence Act 1992 ), that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

20. The following other order, that could be made by the Court in the absence of the jury, that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

21. The following other order, relating to the conduct of the trial of the offence concerned which it is submitted should appear necessary to the Court to ensure that due process and the interests of justice are observed, that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

22. The following orders, with regard to the conduct of the preliminary trial hearing, which it is submitted is appropriate and in accordance with the interests of justice, that:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

23. Insert brief details of any other order, ruling or direction sought:

*Consenting/*Not opposing/*Opposing/*Proposing order or alternative order that:

Reasons:

Reasons:

Evidence intended to be led:

Evidence expected to be required:

 

 

Dated:..........20..

Signed:______

*(Solicitor for) Accused/*Prosecutor

To: *Prosecutor/*(Solicitor for) Accused

 

I have completed the above reply to this application for a preliminary trial hearing

Dated:...........20..

Signed:_

*Prosecutor/*(Solicitor for) Accused

To: *(Solicitor for) Accused/*Prosecutor

 

And to: Combined Court Office/Circuit Court Office at ............

*Delete where inapplicable