PD-2021/3 - Practice Direction 3 of 2021 - Practice Direction Exhibits in Criminal Cases (SL 83 of 2021)

Investigative Material and shall be read and construed in keeping with the Exhibits Rules.

consider at the first case management hearing (or on arraignment in the Summary Court if the case is to be then disposed of) what orders should be made in relation to the inspection, retention, transfer, return, destruction or other disposal of items intended to be produced in evidence (in whole or in part) at trial or to be represented by Exhibits in another form (“Relevant Investigative Material”), including orders for the form in which they are to be exhibited. All parties will be expected to have clear instructions in this regard prior to that hearing, particularly in cases involving perishable items, dangerous items, controlled drugs (in keeping with section 8 of the Misuse of Drugs Act (2017 Revision), items of high monetary/personal value, or items requiring large amounts of storage space.

given to whether this is necessary or whether it may be possible to adduce the evidence in another manner (e.g. by producing it for temporary inspection by the tribunal of fact, or by the use of other evidence of it whether by schedule, photograph, other media or otherwise).

security, convenience, or by the agreement of the parties, it may order that an Exhibit that is no longer required in Court is transferred to the safe custody of the relevant Law Enforcement Agency (or otherwise) on such terms as shall be expedient.

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conclusion of trial relating to the retention, transfer, return, destruction or other disposal of individual Exhibits and Relevant Investigative Material, including specifying the form in which they may be retained and, exceptionally, orders varying the minimum retention periods as set out in the Exhibits Rules.

and Relevant Investigative Material are required or appropriate at the conclusion of trial. They should endeavour to agree any such orders and, if they cannot, identify in an agreed note all issues of contention for determination at the conclusion of trial.

representations from interested third parties as to the disposal of individual Exhibits or Relevant Investigative Material.

Court for inspection or otherwise is resealed at the first appropriate time and during any adjournment.

the relevant Law Enforcement Agency of any order relating to Exhibits or Relevant Investigative Material and provide to it a copy of the same.

discharge of a person to whom Rule [.7] of the Exhibits Rules applies, the Office of the Director of Public Prosecutions shall forthwith notify in writing the relevant Law Enforcement Agency of the same.

Hon Anthony Smellie QC Chief Justice The Cayman Islands

29 November 2021