What must an opinion paper filed before the preparation-for-trial procedure state, and from when is it due at the court?
General information · Not legal advice
Material to check
In a practice file, we read the duplicate of the indictment and the paper showing the date it was served on the accused or defence counsel, since that date starts the period. We also read the opinion paper itself for whether it states the position on the charged facts and any opinion on the preparation-for-trial procedure, and any record of the accused refusing to make a statement.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading places the duty on the accused or defence counsel: from the day the duplicate of the indictment was served on them, a paper stating whether the charged facts are admitted, together with opinions on the preparation-for-trial procedure, must reach the court within the period the provision sets. Once that paper is submitted, the court must send it to the prosecutor.
Another reading looks at the proviso: where the accused refuses to make a statement, a paper stating that fact may be submitted instead, so the full statement of positions is not required in that case. The provision does not say what follows if no paper arrives at all within the period.
Your judgment
If the opinion paper reached the court after the period had run, what in the file would show when the duplicate of the indictment was actually served?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change what the paper must state, the length of the period, or the consequence of filing none, or if a court decision explains what counts as the date of service.