In the process that these things have follow, the judge hasn't actually made a decision over the retrial yet.
The Crown Prosecution Service through Andrew Edis QC has asked for a retrial on those outstanding charges facing former News of the World editor Andy Coulson and journalist Clive Goodman.
The trial judge Mr Justice Saunders has made it clear he knows that the legal teams of Mr Coulson and of Mr Goodman will argue that they can't possibly get a fair trial now, following all the publicity that accompanied Mr Coulson's guilty conviction on hacking last week.
So, the trial judge will make his decision only after he's heard the arguments put forward by the defence - and that will be sometime later this summer.
In the meantime, the court has moved on to deal with the process that will end with sentence being passed on those found guilty of hacking so Mr Coulson has been joined in the dock by former News of the World employees Glenn Mulcaire, Greg Miskew, James Weatherup, Neville Thurlbeck, and Dan Evans.
Mr Edis said that between them these defendants had "utterly corrupted" the News of the World, making it a "thoroughly criminal enterprise". He said "it just can't be known how many phones had been hacked".
Justice Saunders is now hearing mitigation from the defendants and said he'll pass sentence on Friday - but has already intimated to the court that by law he is limited to a sentence of two years in jail.
More top news
A British scientist says the age women may be able to conceive children could soon be significantly extended.
Simon Cowell admitted he was "so embarrassed" after his shirt burst open during an X Factor audition.
Following the promise of further powers for Scotland, David Cameron is now talking about a new deal for the other home nations.