Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 54

Summary case conference

54. Summary case conference



(1) A summary case conference is a conference between the prosecution and the
accused for the purpose of managing the progression of the case including-

   (a)  identifying and providing to the accused any information, document or
        thing in the possession of the prosecution that may assist the accused
        to understand the evidence available to the prosecution; and

   (b)  identifying any issues in dispute; and

   (c)  identifying the steps required to advance the case; and

   (d)  any other purpose prescribed by the rules of court.

(2) If a preliminary brief is served in accordance with section 24, a summary
case conference must be conducted before-

   (a)  the charge is set down for a contest mention hearing or a summary
        hearing; or

   (b)  a request for a full brief is made under section 39(1).

(3) The Magistrates' Court may direct the parties to attend a summary case
conference.

(4) Nothing in this section prevents a summary case conference from being
conducted at any other time, if the parties agree.

(5) If an accused is not legally represented, a summary case conference must
not be conducted unless the Magistrates' Court is satisfied that the
conference is appropriate, having regard to whether the accused has had a
reasonable opportunity to obtain legal advice.

(6) If the Magistrates' Court is not satisfied as required by subsection (5),
the court may dispense with the requirement under subsection (2) to conduct a
summary case conference.

(7) Evidence of-

   (a)  anything said or done in the course of a summary case conference; or

   (b)  any document prepared solely for the purposes of a summary case
        conference-

is not admissible in any proceeding before any court or tribunal or in any
inquiry in which evidence is or may be given before any court or person acting
judicially, unless all parties to the summary case conference agree to the
giving of the evidence.