Pre-Trial Hearing — Dr. Rukiya Stein

A pre-trial hearing (also known as a Ground Rules Hearing) between the intermediary, lawyers, and judge is designed for discussion about the intermediary assessment report and recommendations for questioning. Any decisions made at a pre-trial hearing are directly informed by the independent communication intermediary assessment report.

Scheduling

When does a Pre-Trial Hearing occur?

Typical timing

One week in advance of the hearing/trial

Alternative timing

Can occur on the morning of the trial itself

Process

What occurs at a Pre-Trial Hearing?

1

Intermediary presents the communication report The Independent Communication Intermediary is asked to discuss the communication assessment report and recommendations for questioning with the judge and advocates.
2

Questions, clarifications and objections Both defence counsel and Crown Prosecutor are invited to question the intermediary, seek clarification, or raise any objections regarding the recommendations.
3

Putting the case — Browne v Dunn The most appropriate format for putting propositions is agreed upon, having regard to the vulnerable person's communication ability — for example, suggestive statements with 'agree/disagree', 'true/not true', or 'did' questions. This is guided by the intermediary's assessment.
4

Communication aids and tools The use of visual aids such as post-it notes, timelines, body charts, and communication cards is discussed and agreed upon.
5

Settling objections and specific recommendations All outstanding objections or clarifications are resolved, and specific recommendations for questioning are agreed upon.
6

Intermediary intervention method The judge determines how the intermediary should intervene during proceedings — for example, by raising a hand or saying "Your Honour".
7

Confidential pre-hearing discussion The judge encourages the parties to have a confidential discussion with the intermediary regarding the form and structure of their questions, in order to minimise the need for interventions.
8

Judge's final orders The judge makes the final orders for how questioning should occur.

Quick reference

Key points at a glance

Timing Ideally one week before the hearing/trial; can occur on the morning of the trial.

Parties involved The judge, intermediary, Crown Prosecutor, and defence counsel.

Focus of discussion The intermediary assessment report and recommendations for questioning.

Communication needs The intermediary presents key areas of communication need and makes recommendations.

Browne v Dunn propositions The appropriate structure for propositions is agreed upon at the pre-trial hearing.

Pre-hearing consultation Parties are encouraged to seek the intermediary's advice on question structure and form.

Communication aids The judge makes orders for the use of aids and the approach to questioning.

Final authority The judge makes all final orders for how questioning is to occur.