Article 6.10 Conduct of the Criminal Case

(a) (1) The prosecutor is responsible for the prosecution of every charge of an offence, no matter who starts the prosecution under Article .

(b) (2) The prosecutor may inform the court that the prosecutor is discontinuing the prosecution of the charge. On being so informed, the court may consent or, if satisfied that the discontinuance would be an abuse of process, refuse to consent to the discontinuance of the prosecution. If a prosecution of a charge is discontinued, the court must dismiss the charge and summons.

(c) (3) As soon as practicable after the prosecutor has complied with Article the court must set a first hearing date. The court may change the first hearing date on application by either party.

(d) 6.10.4 At the first hearing date:

(A) the court will set a timetable for the conduct of the case including:

(1) when the prosecutor must give the accused a brief of the evidence that the prosecutor holds that is relevant to the case, including any confessional material, whether or not the prosecutor proposes to bring it before the court at the trial and irrespective of whether or not it assists the prosecutor’s case or the accused’s defence;

(2) when any expert evidence upon which either party wishes to rely at the trial must be filed in the court and provided to the other party;

(3) when the prosecutor must give the accused a copy of the accused’s criminal record, if any;

(4) when the accused must file with the court and give the prosecutor any alibi evidence;

(5) the date or dates for the trail of the charge or charges;

(6) the date by which the accused must enter a plea of guilty or not guilty (which must be not earlier than 30 days after the prosecutor has complied with the order described in Articles (z)(1) and (2)); and

(7) any other steps that the court considers just.

(B) If a party fails to appear at the first hearing, the court may (if the absent party is the accused) order the arrest of the accused; and in any case proceed in the party’s absence or set a new date for the first hearing.

(C) The court may change any order made under Articles (z) or (aa), or make additional orders, on its own initiative or on application by a party, including where a party has not complied with a disclosure requirement.

(D) By the date ordered by the court the accused must enter a written plea of guilty or not guilty, and if no plea is entered then a written plea of not guilty will be deemed to have been entered.

(E) A plea or submission that the court does not have jurisdiction or that the accused is not guilty due to the court not having jurisdiction is taken to be a plea of not guilty.

(e) 6.10.5 The court may, if it considers it just to do so, order that charges brought by separate charge and summons be heard together, or that charges brought by one charge and summons be heard separately.

(f) 6.10.6 Each party must timely comply with the orders of the court, including orders under Articles and .