Preparing for the second directions hearing                

 

In preparing for the second directions hearing and to enable the Court to make appropriate directions at the second directions hearing, the prosecutor and the defendant need to take certain steps before the second directions hearing.

WHO

STEP

DESCRIPTION

DEFENDANT
CONSIDER WHICH PLEA TO MAKE

If the defendant has not already entered a plea at the first directions hearing, the defendant should consider the plea the defendant intends to make at the second directions hearing in answer to the offence charged in the order.

BOTH PARTIES
CONSIDER WHETHER A FURTHER PRELIMINARY HEARING OR PRELIMINARY CONFERENCE IS REQUIRED

The prosecutor and the defendant should consider whether, in light of the matters raised in the notices of the prosecution case and defence response and any notices for preliminary disclosure by the prosecutor and the defendant ordered by the Court, which have been given, a further preliminarily hearing under s 247G or a further preliminary conference under s 247H of the Criminal Procedure Act should be ordered.

BOTH PARTIES
CONSIDER WHETHER TO APPLY FOR DIRECTIONS UNDER S 247M OF THE CRIMINAL PROCEDURE ACT

The prosecutor and the defendant are to consider whether they wish to apply for directions under s 247M of the Criminal Procedure Act, including dispensing with formal proof of a fact, matter or circumstance, dispensing with the application of certain provisions of the Evidence Act 1995, and permitting evidence of two or more witnesses in the form of a summary.

BOTH PARTIES
DISCUSS AND AGREE ON ESTIMATED HEARING TIME

The prosecutor and the defendant are to discuss and endeavour to agree on the estimated hearing time for the trial or sentencing hearing, broken down into the elements of the trial or sentencing hearing.  If the parties are unable to agree, each party should prepare their own version of the estimated hearing time.

BOTH PARTIES
DISCUSS AND AGREE ON DIRECTIONS THAT SHOULD BE MADE AT THE SECOND DIRECTIONS HEARING

The prosecutor and the defendant are to discuss and endeavour to agree on the directions the Court should make at the second directions hearing.  If the parties do not agree, each party should prepare their own version of the directions they propose.  Each party should find out the available dates of themselves and their witnesses, including experts, for the trial or sentencing hearing.

This website is being updated to comply with the Web Content Accessibility Guidelines (WCAG) 2.0.