Criminal Process and Procedure Flashcards
Time limit for summary offences
s 179 (generally 6 months)
SUMMARY HEARINGS FOR DOMESTIC VIOLENCE OFFENCES
Local Court Practice Note Crim 1
- Object:
Ensure prompt guilty pleas or expedited hearings.
Time standard: Matters listed for hearing within 6 months of charges being laid.
- Procedure:
Prosecution serves mini brief at the first mention, including alleged facts, victim’s statement, and relevant photographs.
Notice regarding complainant’s evidence preferences provided by the prosecution.
Court may require defendant to enter a plea at the first mention; if not, an adjournment for up to 14 days is allowed.
If no guilty plea, the matter is adjourned to a hearing date with the balance of the brief served at least 14 days before.
Defendant’s legal representation should inform the prosecutor of witnesses for cross-examination within 7 days of receiving the balance of the brief.
MERIT PROGRAM
Practice Note - Local Court Crim 1
Aims to reduce drug-related criminal behavior.
Success considered in sentencing.
Eligibility: Adults with drug issues, non-severe offenses, and bail eligibility.
Voluntary participation.
Procedure:
Assessment by MERIT team for suitability.
Case worker designs a treatment plan.
Magistrate decides on placement.
Unsuccessful cases go through regular court process.
Successful completion considered during sentencing.
Unsuccessful completion doesn’t lead to extra penalties.
Trial length estimate inclides:
pre-trial argument,
counsels’ addresses to the jury
trial Judge’s summing up;
Readiness Hearing District Court
Parties file and serve statements > key trial issues one week before Readiness Hearing signed by prosecutor and legal representative of the accussed.
Parties file and serve completed Case Management Form two days before Readiness Hearing.
Key issues:
* Severance or separate trial applications,
* s 299B matters, agreed facts
* trial commencement factors
* judge-alone application
* expert witnesses
* trial length estimate
Appeal of local court conviction to the district court
a. appellant file
written submissions > Key issues
Red, Blue and Black folders
b. The Crown > submissions in reply no later than one week prior to the hearing date.
Readiness Hearing at the discretion of the Court at least seven days prior to the hearing date.
Supreme court directs matter to be heard in district
s 128 of the Criminal Procedure Act:
Indictable by election or strictly indictable commital process
LOCAL COURT PN.COMM.2
CAN
ADJOURN 8 WEEKS
BRIEF OF EVIDENCE -
- ADJOURN 6 WEEKS FOR CHARGE CERTIFICATE
PROS CHARGE CERTIFICATE - S 66 CERTIFIED -
ADJOURN 6 WEEKS TO CASE CONFERENCE AND 8 WEEKS TO HEARING
CASE CONFERENCE
CASE CONFERENCE CERT FILED IN LOCAL COURT TWO WEEKS PRIOR
COMMITTED FOR TRIAL OR SENTENCING
(charge cert stage adjourn two weeks if no legal rep)
Indictable process after committal
PN.DIS.18
4 weeks after committal arraignment
10 days prior to arraignment pros serve case statement and indictment
5 days prior - legal rep of accused file notice of appearance
Arraignment - Indictment and plea
Arraignment and Directions
Leave to produce evidence - 6 weeks prior RH 299 CPA
Prosecution case notice - 6 weeks prior RH 142 CPA
State Matters - CWS - 8 weeks prior RH
Commonwealth Matters - 8 weeks prior RH
Defence reply - 3 weeks prior RH 143 CPA
Prosecution reply - 1 week prior RH 144 CPA
Pros tendency - 6 weeks prior 97/98 EA
Defence tendency - 3 weeks prior 97/98 EA
Notice of Alibi - s 150 CPA
Pre trial conference - 2 weeks prior RH s 140 CPA
Pre trial conference form - 1 week prior RH s 140(8) CPA
Summary Offences
LOCAL COURT PN.CRIM.01
CAN
FIRST MENTION - brief og evidence orders (4 weeks)
matter adjourned (7 weeks)
Brief of evidence to include CLA
(Not guilty plea adjourn 2 weeks to consider election > No facts presented)
Second Mention - List for earliest available H.
Bail Process
SC.CL.11
Process:
S 71 requires a bail application to be dealt with “as soon as reasonably practicable”.
s 75 - process for fresh hearing
Any bail application heard by the court is to be dealt with as a new hearing.
Rules of evidence do not apply
Accused - if represented
Complete and lodge supreme court bail application - including confirmation that the Bail application is ready to be heard
Include propsed address and sureties
Legal representative must complete the form
Serve on prosecutor on the day lodged
Accused - not represented
Applicant to complete part 1 and part 3 of Supreme Court Bail Application
Confirm
they do not wish to obtain legal representation
or
they have:
have exhausted all avenues for representation and been denied
and exhausted all avenues of appeal against any such decision.
Crown -
Complete appropriate section of supreme court bail application
Serve on last know address
