PRACTICE DIRECTION (NO 3 OF 2001)

IN THE

DISTRICT COURT OF WESTERN AUSTRALIA

EXPEDITED TRIAL LIST

EFFECTIVE AS FROM 16 JULY 2001

It has been decided to formalise an Application for an Expedited Criminal Trial in the District Court.

Either the Crown or the accused person is entitled to apply for an expedited trial using Form1A – specimen attached.

These applications should normally be filed with at least ten (10) days' notice to the respondent and will normally be listed before the General Duties Judge at 9.30 am on Monday mornings as from 16July 2001.

The applications need not be supported by affidavit (unless directed by the Judge) but the applicant's counsel will be expected to provide justification for the application, e.g medical certificates and the like.

If the Judge hearing the application for expedited trial grants the application then with the assistance of Registry officers who will be in attendance, the trial may then be listed for hearing and declared to be an "Expedited Trial" which will mean that it will take priority over all other listed proceedings for the listed date.

Two issues arise. Firstly, the accused must be present at the application and secondly, both defence counsel and the Crown must have their available dates at hand.

It is anticipated that the applications most likely to be entertained are those:

(a)Where the accused is in custody.

(b)Trials involving child complainants.

(c)Previously listed trials which did not proceed.

(d)Retrials.

(The above list is not exhaustive nor in any particular order of significance. Availability of counsel will in normal circumstances not be a significant factor).

DATED this 6th day of June 2001

______

Kevin Hammond

Chief Judge

FORM 1A

WESTERN AUSTRALIA
The Criminal Code
Criminal Procedure Rules 2000, r 7
APPLICATION FOR EXPEDITED TRIAL / District Court
At: Perth
File Number: IN D of
Matter
[Names of all parties] / THE QUEEN v
Applicant
[Name of the party applying]
Application details / The applicant applies for an order that this matter be given an expedited trial date.
Reasons for Application
Applicant’s unavailability dates / The applicant is not available on the following Mondays:
Hearing details / This application will be heard—
at Central Law Courts, 30 St George’s Terrace, PERTH
on [date]
at [time] or as soon after as possible. / Court stamp
Signature of applicant or lawyer / ......
Applicant/Applicant’s lawyer
Law Firm:
Address:
Telephone No: (08)
Facsimile No: (08)
Email:
[DPP Ref: ] / Date: