Rule 3.9 Ground rules hearingI1
England and Wales
This rule applies where the court exercises the powers to which rule 3.8(6)(b) and (9) apply (directions for appropriate treatment and questioning of a witness or defendant).
At a pre-trial case management hearing convened for the purpose—
the parties and any intermediary must—
attend, unless the court otherwise directs, and
actively assist the court in setting ground rules and giving directions;
the court must—
discuss proposed ground rules and directions with the parties and any intermediary,
set ground rules for the conduct of questioning of the witness or defendant, as applicable, and
give such other directions as may be required to facilitate the effective participation of that witness or defendant; and
despite rule 3.14(b) (court officer’s duty to make a record of directions), the court may require the parties—
to make a record of those ground rules and directions, and
to serve that record on each other, on any intermediary and on the court officer.
In setting such ground rules and giving such directions, the court must have regard to—
any intermediary’s report;
the parties’ representations; and
such other information or advice as the court requires.
The ground rules for questioning set by the court may include any listed in rule 3.8(9)(b).
The directions given by the court may include any about—
the timetable for the submission of proposed questions;
the timetable for the trial, including the taking of breaks during proceedings;
seating arrangements in the court room for the defendant, the defendant’s advocate and legal representative, any intermediary and any parent, guardian or other companion of the defendant; and
any explanation to be given to the jury, if there is one, of—
the witness’ or the defendant’s communication needs and behaviour, as applicable, and
the role of the intermediary, if there is one.
[Note. See also rule 3.16 (Pre-trial hearings in a magistrates’ court: general rules) and rule 3.21 (Pre-trial hearings in the Crown Court: general rules).]