Victorian Consolidated Regulations

SUPREME COURT (CRIMINAL PROCEDURE) RULES 2008 - SECT 4.09.

Case conference

4.09. Case conference



(1) In this Rule Listed Date means the date which has been fixed by the CTLD
as the date on which the trial is to be listed for hearing or, where the CTLD
has fixed a period of time for that purpose, the first day of that period.

(2) The CTLD may, before giving notice of the Listed Date or not less than 21
days before the Listed Date, conduct a case conference.

(3) Not less than 7 days before the date proposed for a case conference,
written notice of the case conference must be given to-

   (a)  the DPP;

   (b)  the accused person (if unrepresented); and

   (c)  the accused's solicitor (if any).

(4) At a case conference-

   (a)  in order to facilitate an efficient trial, the CTLD may inquire into
        any of the matters listed in the Schedule to this Order;



   (b)  the DPP and the accused person or the accused's solicitor must be
        prepared to answer questions or provide information to the CTLD on the
        matters listed in the Schedule;

   (c)  the DPP must, subject only to any substantial consideration of the
        personal safety of witnesses-

   (i)  give notice of the name of any witness who may be called as a Crown
        witness upon the trial and whose name does not appear upon the
        presentment as a witness or as an additional witness;

   (ii) give notice of the substance of the evidence proposed to be adduced
        from each such witness (whether by way of provision of a copy of a
        statement made by the witness or otherwise);

   (iii) provide to the CTLD such information as the CTLD may reasonably
        require as to the availability of each Crown witness; and

   (iv) notify the CTLD and the accused person of the name of any potential
        Crown witness whose deposition the Crown proposes to apply to tender
        in evidence and the grounds of any such proposed application; and

   (d)  the accused person or the accused's solicitor must be prepared to
        certify that the accused person is ready to proceed on the Listed Date
        (if any).





(5) Nothing said by or on behalf of an accused person at a case conference,
and no failure by an accused person to answer a question at a case conference,
shall be used in any subsequent trial or made the subject of any comment at
that trial.

(6) Nothing in paragraph (5) of this Rule shall preclude an accused person
from relying on an indication of an intention to plead guilty given at a case
conference.

__________________ SCHEDULE Rule 4.09 1. Are further particulars of the
presentment likely to be sought by the accused? 2. Is there to be any
application to sever the presentment and if so, what is the application likely
to be? 3. Is there to be an application for a separate trial by any and which
accused? 4. Does the accused presently intend to plead Guilty or Not Guilty to
any and which count(s) in the presentment? 5. Is there any possibility of a
change of plea? 6. (a) Has there been a conference between counsel for the
Director of Public Prosecutions and counsel for the accused?

   (b)  If not, is such a conference proposed? 7. Does the prosecution propose
        to call any additional evidence? 8. Has the prosecution notified the
        accused and/or his or her representatives of any additional evidence
        and if it intends to do so when is it proposed to furnish a proof of
        evidence? 9. What is the probable length of trial?

   (a)  prosecution estimate;

   (b)  accused estimate. 10. Is any point of law or of admissibility of
        evidence likely to be raised before a jury is empanelled? If yes, what
        are those matters and of what duration are the matters to be raised
        likely to take? 11. Does the accused or the prosecution intend to
        raise a special issue? e.g. unfitness to plead; change of venue;
        insanity. 12. Does the accused or the prosecution intend to raise a
        special plea? e.g. lack of jurisdiction; autrefois convict; autrefois
        acquit etc. 13. Does the accused intend to rely upon an alibi not yet
        disclosed in conformity with the Crimes Act 1958? 14. Do the parties
        anticipate any problems as to the availability of witnesses? If yes,
        give details. 15. (a) What admissions of fact are sought by the
        prosecution? (b) Is the accused prepared to make the admissions sought
        or any of them?

   (c)  What admissions of fact are sought by the accused?

   (d)  Is the prosecution prepared to make the admissions sought or any of
        them? 16. Does any difficulty arise about photographs or plans and
        formal proof of them? 17. Is any order sought for the inspection of
        prosecution exhibits or other evidentiary material in the possession
        of the prosecution as to which a question may arise in the course of
        the trial? 18. Is any order sought for the preservation or detention
        of any document or thing relating to the trial? 19. Is any order
        sought for the production before the Court of any document, tape
        recording or thing relating to the trial? 20. Does any party propose
        to deliver to the other party a notice to admit in respect of anything
        not covered by question No. 15? 21. What arrangements have been made
        for counsel to hear any tape recordings in the custody of the
        prosecution and to be provided with any transcript thereof? 22. Does
        any party intend to apply for a view, and if so where and at what
        stage of the trial? 23. Is there agreement as to copy exhibits to be
        supplied to the jury? 24. Will an interpreter be required during the
        trial? 25. Are there any other significant matters which might affect
        the proper and convenient trial of the issues? __________________
        ORDER 5-PAYMENT OF FINES RULES

PART 1-PAYMENT OF FINES-SENTENCING ACT 1991