First Hearings - Summary Only Offences Flashcards
Where do all adult defendants have first hearing for summary only offences?
Magistrates court
Where is the trial and sentence for summary only offences?
Magistrates court
What must each party do to assist court in furthering overriding objective?
1) Communication on the following factors:
a. Whether D is to plead guilty or not
b. What is agreed
c. What is disputed
d. What information or material is required by each party
If a guilty plea for a summary only offence, what happens?
Sentence likely straight away – unless further information needed (then adjourned)
What is maximum sentence for summary only offences?
6 months imprisonment
If D pleads not guilty, what will court do?
Set a trial date and arrange for case management
What is the case progression form?
Preparation for Effective Trial form
What is included in the Preparation for Effective Trial form?
- D’s and legal representative contact details
- Names, numbers, types of witnesses which require attendance
- Estimated length of trial
- Identification of trial issues
- Advance warning on any applications that are to be made (e.g. hearsay, bad character)
- Whether any prosecution statements can be read
- Any special arrangements that might be needed? (interpreter, wheelchair)
- That D advocate advised D of credit for early guilty plea and trial will go ahead in D’s absence if fails to attend trial date
What are standard directions which might be made on not guilty plea?
- Bad character evidence
- Hearsay
- Special measures
- Disclosure
- Expert evidence
- Editing transcript of interviews
How is the case progression form monitored?
By a case progression officer
What are pre-trial hearings?
Pre-trial rulings which cover matters such as admissibility of evidence, fitness to plead
When can pre-trial hearings be heard?
On application of defence or prosecution, or court’s own motion
How long is a pre-trial ruling binding for?
Until case is disposed by:
1) Conviction / acquittal of D; or
2) Prosecution decision not to proceed; or
3) Dismissal of case
Or if court decides it is interests of justice to discharge / vary
When can a party apply to have pre-trial ruling varied or discharged?
If there has been a material change of circumstances
Can a D plead by post?
Yes, if matter commenced by summons or requisition; summary of evidence provided, and prosecutor served information relevant to sentence. For very minor offences.
