CLP Allocation at first hearing

Question 1

When is allocation relevant?

Answer 1

Only relevant for an either-way offence - as these are the only offences where there is a question on where the trial can take place

Question 2

Structure for application

Answer 2

Prosecution:
1. open with the facts
2. outline defendant’s offending history
- the court is told about previous convictions
- previous convictions are a statutory aggravating factor
3. make submission as to where the trial should be held consistent with the allocation guidelines (nature / seriousness / aggravating / mitigating)
- refer to allocation guidelines
- consider whether sentence in excess of powers / complex issues

Defence:
1. Can make submissions to venue (if disagree) - follow structure above