R v Valiati and KM (1 November 2018; Sir Brian Leveson PQBD and McGowan J)

The Court emphasised that it is mandatory for the following to take place:

“Immediately prior to the commencement of a trial, the legal adviser must summarise for the court the agreed and disputed issues, together with the way in which the parties propose to present their cases. If this is done by way of pre-court briefing, it should be confirmed in court or agreed with the parties.”

Where the contents of the PET form (in particular, section 8 of the form (issues, as opposed to section 9, agreed facts)) become relevant to an issue in the case:

“If circumstances arise in which it is sought to argue that the information provided on a PET form should have evidential significance, an appropriate application must be made and the hurdles both in relation to hearsay and s. 78 of PACE satisfied.”

I.e. it may be appropriate to apply to adduce the admission of an agent acting on behalf of a defendant as hearsay under the sixth rule preserved by s. 118(1) of the Criminal Justice Act 2003.