Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 5

PART 3 PRE-TRIAL PROCEDURE

Directions hearing

5. Directions hearing



(1) The court may, between the filing of the presentment and the day on which
the trial is due to commence, from time to time on the application of a party
or of its own motion conduct a directions hearing.

(2) At the beginning of the first directions hearing each count in the
presentment must be read to the accused and the accused asked to plead to that
count.

(3) Despite subsection (2), if the accused pleads not guilty to one or more
counts in the presentment and indicates an intention to plead not guilty to
one or more remaining counts, it is not necessary for those remaining counts
to be read to the accused and he or she must be taken to have pleaded not
guilty to those counts.

(4) At the first directions hearing the court may do any one or more of the
following-

   (a)  require the parties to provide an estimate of the time expected to be
        needed for the trial;

   (b)  require the parties to advise as to the estimated number and the
        availability of witnesses for the trial, not including the accused as
        a witness, and whether any witnesses are from interstate or overseas;

   (ba) in the case of a trial for a sexual offence in which the complainant
        is a child or a person with a cognitive impairment, require the
        prosecutor to advise as to the availability of the complainant, and
        the accused to advise as to his or her own availability, for the
        special hearing to be held under section 41G of the Evidence Act 1958;

   (c)  require the accused to advise whether he or she is legally represented
        and has funding for continued legal representation up to and including
        the trial;

   (d)  require the parties to advise whether there are any particular
        requirements of, or facilities needed for, witnesses and interpreters.

(5) At any subsequent directions hearing the court may do, or specify a time
for it to do, any one or more of the following-

   (a)  require the parties to advise whether they are aware of any questions
        that require determination before the day on which the trial is due to
        commence;

   (b)  determine any question of law or procedure that arises or that is
        anticipated to arise in the trial;

   (c)  determine any question of fact that may be determined lawfully by a
        judge alone without a jury;

   (d)  determine any question of mixed law and fact that may be determined
        lawfully by a judge alone without a jury;

   (e)  require the prosecutor to serve on the defence and file in court a
        copy of any further evidence that he or she wishes to introduce at the
        trial;





   (f)  order a party to make, file in court or serve (as the case requires)
        any written or oral material required by the court for the purposes of
        this Act;

   (g)  allow a party to amend a document that has been prepared by or on
        behalf of that party under this Act;

   (h)  if of the opinion 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 Act;

        (i)    anything that it may do at the first directions hearing under
               subsection (4).

(6) Nothing in this section removes the requirement for the accused to be
arraigned in accordance with the Crimes Act 1958 before the commencement of
the trial.

(7) The accused is required to be present at the first and, except with the
leave of the court, at any subsequent directions hearing.