The adequacy of a trial judge's direction on a pretext call depends on the issues at trial and the use made of the call by both Crown and Defence; there is no mandatory formula. Where defence counsel has extensively addressed the jury on exculpatory aspects of a pretext call and the trial judge incorporates those submissions into the direction, a separate direction on exculpatory statements is not required. Whether a trial judge must precisely identify which allegations are the subject of admissions in a pretext call depends on the circumstances; where the call cannot usefully be compartmentalised to connect particular statements to particular offences, such identification is not required.
The full text is available to signed-in members.