(1) “The time had long expired for service of a defence statement before your trial team was instructed. In any event you suffered no prejudice from the failure to serve a statement because you were not cross-examined on this matter, nor was it the subject of an adverse comment in the judge's summing-up;”
Therefore a defendant at trial can have all his evidence withheld provided he is not questioned on it!
Yet in Regina and Newell  EWCA Crim 650.
The Court of Appeal stated:
The judge is required to exercise a managerial role with a view to progressing the case at this Hearing.
- 34. “A typed defence statement must be provided before the PCMH. If there is no defence statement by the time of the PCMH, then a judge will usually require the trial advocate to see that such a statement is provided and not proceed with the PCMH until that is done. In the ordinary case the trial advocate will be required to do that at the court and the PCMH resumed later in the day to avoid delay and further cost to be borne by the public purse. Given that position, the trial advocate at the PCMH should see it as part of the trial advocate's duty to help the court with the management of the case by setting out information on the PCMH Form without the risk of the information being provided being used as a statement admissible in evidence against the defendant, provided the advocate complies with the letter and the spirit of the Criminal Procedure Rules.”