Preparation for PCMH Hearings

This guidance was prepared by the Professional Practice Committee of Bar Council in October 2006 and was sent to all Circuits for dissemination

1. It is unacceptable for Counsel to be under prepared for the PCMH so as to be of little or no assistance to the Court. This view is of course dependent upon full and proper primary disclosure having been completed, and Counsel having sufficient instructions from their instructing solicitor including in the case of defence work a proof and comments on the prosecution statements.

2. If Counsel conducting the PCMH is not Trial Counsel then he/she must have fully read the Brief and have liaised with Trial Counsel to ensure that all appropriate measures and directions are taken at the PCMH. It is good practice for Counsel in those circumstances to have liaised over the work required at the PCMH.

3. The Defence Case Statement must be completed at the earliest possible time after completion of Primary Disclosure and the taking of a signed proof. Counsel should remember that the late service of this document could subsequently prejudice a defendant.

4. We would encourage guidelines to be issued either by the Bar Council or by individual Circuits as to the requirement of Counsel to prepare briefs for a PCMH, whether or not they are able to attend the hearing and so long as the brief has been delivered to Counsel timeously.