New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 139

139 Pre-trial hearings

(1) At the first mention of proceedings in the court before which the trial is proposed to be heard or at any other time, the court may order the prosecutor and the accused person to attend one or more pre-trial hearings before the court so long as the time appointed for any such hearing occurs after the indictment has been presented or filed.

(2) During a pre-trial hearing, the court may make such orders, determinations or findings, or give such directions or rulings, as it thinks appropriate for the efficient management and conduct of the trial.

(3) Without limiting subsection (2), the court may take any or all of the following action under that subsection:

(a) hear and determine an objection to the indictment,

(b) order the holding of a pre-trial conference under section 140,

(c) order pre-trial disclosure by the prosecutor or the accused person under section 141,

(d) give a direction under section 145 (3),

(e) give a ruling or make a finding under section 192A of the Evidence Act 1995 as if the trial had commenced,

(f) hear and determine a submission that the case should not proceed to trial,

(g) give a ruling on any question of law that might arise at the trial.

(4) Despite any other provision of this Act, the court may make any order, determination or finding, or give any ruling, under this section on application by a party to the proceedings or on the court’s own initiative.

(5) Any order, determination or finding made, or ruling given, by the court under this section is binding on the trial Judge in the proceedings unless, in the opinion of the trial Judge, it would not be in the interests of justice for the order, determination, finding or ruling to be binding.

(6) Except with the leave of the court, a party to proceedings may not raise a matter referred to in subsection (3) (a) or (e) at trial if a pre-trial hearing was held in the proceedings and the matter was not raised at the pre-trial hearing.

(7) Leave is not to be granted under subsection (6) unless the court is of the opinion that it would be contrary to the interests of justice to refuse leave to raise the matter concerned.