Registrar's Circular No. 9 2023

ASYNCHRONOUS HEARING OF PRE-TRIAL CASE CONFERENCES AND CRIMINAL CASE DISCLOSURE CONFERENCES

1. Pursuant to the introduction of section 238A of the Criminal Procedure Code 2010 and as part of our continuing efforts to streamline proceedings and reduce the attendance of parties, the Office of the Registrar will be implementing the asynchronous hearing of pre-trial case conferences (“PTCs”) and criminal case disclosure conferences (“CCDCs”) under Part 9 of the Criminal Procedure Code 2010, with effect from 22 May 2023.

2. This will involve the asynchronous receipt of parties’ applications and requests for directions, approval of applications, issuance of directions and fixing of matters on the Integrated Case Management System (“ICMS”), without requiring the attendance of parties.

3. The first PTC fixed for a case (or the first hearing of the first CCDC fixed for a case if no PTC is fixed prior to that) shall be a physical hearing or remote hearing via video conferencing (hereafter collectively referred to as a “non-asynchronous hearing”).

4. Subsequent PTCs and CCDCs shall be heard asynchronously (hereafter referred to as an “asynchronous hearing”), unless one or more of the following apply:

(a) where the accused person is unrepresented;
(b) where there are co-accused persons involved;
(c) where trial dates are being taken; or
(d) where the Court directs otherwise.

In respect of subparagraph (d), until further notice is given, asynchronous PTCs/CCDCs will not be fixed for cases heard by the Community Court and the Protection from Harassment Court. Likewise, cases involving charges prosecuted by regulatory agencies will also not be fixed for asynchronous PTCs/CCDCs, until further notice.

5. The following table outlines the steps which will need to be taken by parties:

6. For the avoidance of doubt, the Court shall always retain full discretion to issue directions for parties to attend a non-asynchronous hearing where it deems fit.

Dated this 19^th day of May 2023.