Part 3.2 – Division 4 - Mention hearing, summary case conference, contest mention hearing Flashcards
S53 Mention hearing (can grant SH for IOTS, proceed; fix CMH date; fix SH date; any other order)
At mention hearing, MC may:
● (a) If IOTS, grant a summary hearing
● (b) Proceed immediately to hear and determine the charge
● (c) Fix a date for contest mention hearing
● (d) Fix a date for summary hearing of the charge
● (e) Make any other order or give any other direction the court thinks appropriate
s53A documents to be provided at first mention hearing (PB/FB or CS/Stmt/priors)
(1) Section applies if informant is po po.
(2) At FMH, Informant must have following documents available for provision to the A or the LP representing the A:
● (a) PB (if prepared) (b) FB (if prepared)
● (c) If neither PB or FB prepared:
○ (i) Charge sheet copy; and
○ (ii) Stmt of alleged facts on which charge based; and
○ (iii) (A) copy of Priors or (B) Statement of no priors
(3) Section Doesn’t apply to traffic camera offence proceeding
s54 Summary case conference
(1) Conference between prosecutor and accused for purpose of managing progression of case including:
● (a) identifying and providing to the A any IDT in the possession of the P that may assist the A to understand evidence available to the P; and
● (b) Identifying any issues in dispute; and
● (c) Identifying the steps required to advance the case; and
● (d) Any other purpose prescribed by Court rules
(2) If prelim brief is served within 21 days of filing of CS, summary case conference must be conducted before
(a) charge set down for CM hearing or summary hearing or
(b) a request for the full brief is made under 39(1)
(3) MC can direct parties to attend a SCC
(4) Nothing prevents SCC held another time if parties agree
(5) If A is not LR, MC may dispense with req. to have SCC
(6) conduct per rules of court
(7) (a)-(b) anything said in course of SCC, document prepared solely for purposes of SCC, W/o prejudice, not admissible unless (c) parties agree; (d) proceeding is CP for offence allegedly committed during SCC
S55 Applies to (1)(a) summary offence proceeding (b) for IOTS
(2) CM can be held between the return date and the day on which the charge is heard
(3) at a CM hearing the MC may … (estimates, witnesses, evidence, LR, facilities, order file/sevice, order amendments, dispense requirements)
● (3)(a) Require parties to provide estimates of the time expected to be needed for the hearing of the charge
● (b) advise as to number and availability of Ws for hearing of charge and whether any witnesses are I-state/o’seas
● (c) request each party Indicate ev on which they propose to rely and identify issues in dispute
● (d) require accused to advise re LR and whether has funding for LR up to / including hearing of charge
● (e) require parties to advise whether facilities required for Ws/ interpreters etc?
● (f) order party to make, file in court or serve (as case requires) any written or oral material required by the court
● (g) allow a party to amend a document that has been prepared by or on behalf of that party
● (h) if the court considers that it is in the interests of justice to do so, dispense with or vary any requirement imposed on a party by or under this Part;
● (i) Anything else for case management
(4) accused must attend (be present) at all CM hearings
