6
District Court Criminal Trial Listings Process
(effective from 1/4/2016)
Amended 8/3/16 – amendments in italics
The District Court will change the way listings in its criminal jurisdiction will be managed in metropolitan Adelaide. The Court’s criminal circuit processes will remain the same.
The following outlines the changes which will be reflected, where required, in the Criminal Rules (to be amended).
Committal
1.1 On the day matters are committed for trial and committed for sentence from the Magistrates Court they will be committed to the District Court to a date about eight weeks hence.
1.2 Any party may apply to a Magistrate for an order for the matter to be committed to the District Court to a time between five weeks and eight weeks after the date of committal.
Arraignments on Fridays
2 All matters will be committed to an Arraignment list in the District Court. This list will be each Friday, rather than each Monday as is the current practice.
Arraignment Lists
3.1 There will be two Arraignment lists each Friday. There will be a guilty plea list and a not guilty plea list.
3.2 All accused will be expected to attend in person or by AVL. Where an arraignment pursuant to Rule 25 is appropriate the accused will attend in person.
3.3 Informations will be expected to be lodged with the court eight business days before arraignment day.
Guilty plea list
4.1 Parties in the guilty plea list will be expected to be prepared to make submissions immediately at Arraignment.
4.2 Parties may, before the Arraignment date, request the court’s Criminal Registry for a particular time on the day of the guilty plea list for submissions to be made, for a Victim Impact Statement to be read, or for other arrangements to be made.
4.3 The ODPP will file and serve as soon as possible before arraignment day a summary of the important facts upon which it will seek the accused to be sentenced, together with an indication as to whether any, and if so which, are disputed by the accused.
Not guilty plea list
5.1 The court’s Criminal Trials Allocation Officer will attend the not guilty plea list.
5.2 Upon Arraignment, when a plea of not guilty is entered, the matter will be allocated a trial date. The parties will be expected to have consulted as to an accurate estimate as to the length of the trial. That consultation will also include a consideration of the witnesses who are essential, those who may be necessary, those whose evidence can be dealt with by tendering their statements, and those whose evidence can be the subject of agreed facts. At arraignment the court must be informed that the accused has been advised as to discounts in sentence for an early plea and the right to be tried by judge alone without a jury.
5.3 Applications to enforce breached bonds will be in the not guilty plea list and will be managed by the judge assigned to that list.
5.4 It is envisaged that the not guilty plea list will be presided over by a judge rostered in the court’s civil jurisdiction and thus any submissions on sentence arising from any guilty pleas in this list will be heard at the convenience of that judge’s diary.
5.5 In order to limit as much as possible the number of such matters the parties will be expected to advise the court in advance that there will be guilty plea(s) notwithstanding that an accused has been Committed for Trial. This can be done via .
5.6 If a trial is estimated to require 15 or more days, that trial will follow a procedure different from other trials (see para 11 below).
5.7 Upon Arraignment in the not guilty plea list (for trials estimated between 1 day and 14 days), as well as being given a trial date, a listing will be given for a First Directions/Call Over Hearing (“First Callover Hearing”) at approximately ten weeks after Arraignment.
5.8 The First Callover Hearing will replace the current Directions Hearing lists, and will be heard at the same time as the current Directions Hearing lists, including AVL custody hearings on Wednesdays. (Note: the timing of this/these hearings may need to change after experience is gained regarding the time required for them).
First Callover Hearing
6.1 At the First Callover Hearing the parties will be expected to have done, be able to advise on, and be prepared to address the following, and the following will apply.
6.2 Filed a Certificate of Representation.
6.3 Seek leave of the court to elect for trial by judge alone (including grounds and supporting affidavits) where such election was not made prior to Arraignment.
6.4 Advise which Crown witnesses from whom declarations have been obtained and supplied are required at trial, and why.
6.5 Advise of interpreters (or other evidentiary assistance) required for any witness and/or accused.
6.6 Where a police witness is required, the court must be advised as to whether there is any reason why that police witness could not give evidence via AVL from a police station at which they may be stationed at the time of trial.
6.7 Advise intentions regarding subpoenas, justify their issue and their extent, and have them returned well before the trial date.
6.8 The court will consider any applications for pre-trial orders or for a stay. Such applications will be filed seven calendar days before the First Callover Hearing.
6.9 The court will allocate a date for any preliminary arguments. These will include, but are not limited to, applications for severance, a stay, and questions of law. These could be heard as part of a long list on a Monday or by a pre-allocated judge. Accused persons in custody will appear on these applications via AVL unless otherwise ordered.
6.10 The court will otherwise give directions and set time limits for steps to be taken in the matter. Directions given may, in exceptional circumstances, be supplemented and/or varied after the First Callover Hearing, but it is expected that this hearing will determine all the above matters.
6.11 The court will be closed.
6.12 The presiding judge may open the court to take a plea or pleas of guilty, vacate the trial date, hear submissions and impose sentence.
6.13 The court will expect trial counsel or the file principal who has obtained advice and assistance from a trial counsel to attend at the First Callover Hearing.
Special Directions Hearing
7.1 The Special Directions Hearing list as currently operated will cease. Matters will only be listed for a Special Directions Hearing upon application of either party with confirmation by the other party that the matter will or is very likely to resolve at such a hearing.
7.2 Parties will also be required to indicate whether they want the judge to do anything specific to assist the matter resolving eg. highlight benefits of an early guilty plea or give an indication of sentence to the defendant (note para 17b below).
7.3 Such a hearing will be listed at the end of the First Callover Hearing if considered appropriate by the presiding judge.
Second Callover Hearing
8.1 At the end of the First Callover Hearing the matter will be listed for the Second Callover Hearing. This will be four weeks prior to the trial date. It is envisaged that this will occur between 9am and 10am on Fridays (unless the Friday is a public holiday).
8.2 As with the current callover practice it is expected that parties attend with full instructions on the matter and be able to comment on pre-trial and evidentiary questions that may be raised by the presiding judge. This may include, but is not limited to, applications for a voir dire hearing, vulnerable witness orders, interpreters, discreditable conduct, notice to admit facts orders, and other pre-trial orders that may be required.
Pre-Trial Directions Hearing
9.1 Each matter listed for trial will be called on by the trial judge for a Pre-Trial Directions Hearing 10 days prior to the trial date (or at the convenience of the trial judge’s diary) where any last minute ancillary orders may be made.
9.2 The trial judge may, in his or her discretion, decide not to list such a hearing if satisfied, for example, that such a hearing is unnecessary.
9.3 The court may change or dispense with this Hearing if experience dictates.
Trials
10 Trials will proceed as prioritised by the Criminal Registry with an expectation that they will commence at 10am on the day listed.
Long Trials
11.1 Trials of an estimated length of 15 or more days (“long trials”) will be given a trial date at Arraignment but will not be given a First Callover Hearing date.
11.2 Long trials will be allocated to a judge within six weeks of being given a trial date at Arraignment.
11.3 That judge will first consider and ensure that the estimate length of trial is correct. If it is not correct he or she will fix a First Callover Hearing for that trial. If it is correct he or she will case-manage the matter and will hear and determine pre-trial matters so that the trial can commence at 10am on the date listed for trial. The case-managing judge will usually be the trial judge.
11.4 Long trials will have a higher priority than has previously been the case, as a higher degree of certainty should be provided that each long trial will proceed. This is to be achieved through a change in Criminal Registry Practices rather than amendments to the Criminal Rules.
The following paragraphs (12-16) note some rules and possible rule changes to reflect the above.
12 The rules now indicate a preference for arraignments to be conducted via AVL unless the court orders otherwise (note para 3.2 hereof).
13 The Rules and Supplementary Rules have changed when applications must be filed and includes two new forms which must be filed with the Combined Criminal Registry so as to enable more informed and efficient listing practices to be implemented.
14 All applications for directions of the court (except those made under Rule 50) are to be made in writing and filed electronically via . An electronically sealed copy of the application will be sent to the parties upon receipt by the Higher Courts Criminal Registry.
15 The court will provide the Registrar with an electronic seal to affix to such electronic applications.
The following paragraphs (17-22) note some important matters.
16 The court proposes to take such action, or to seek such action to be taken, as may be necessary to limit the circumstances in which an accused person can elect to be tried by judge alone where such election is not made before Arraignment. This is to ensure that when listing a matter for trial the court knows whether the trial is to be before a judge and jury or before a judge sitting alone.
17a The Chief Judge proposes to consult with the Chief Magistrate about better and quicker ways of getting Magistrates Court files to the District Court where the latter court will be sentencing for Magistrates Court and District Court offences.
17b The Chief Judge is considering implementing (by seeking legislation if necessary) an ability of an accused applying for (possibly at the First Callover Hearing) a Sentence Indication Hearing.
18 The court will consider what rule or other changes to the Court’s procedures that may be necessary to effect the changes set out herein.
19.1 The court does not propose to abolish or significantly change its practice of over-listing criminal trials. It considers that it cannot do that whilst at the same time maintaining a short as possible period between allocating a trial date at Arraignment and the date set for trial and getting through the work of the court as expeditiously as possible under current circumstances.
19.2 The over-listing ratio will be monitored and adjusted if and when it is considered appropriate.
20 Subject to long trials the priority system that currently exists will be maintained. That is trials will be listed in the order of priority in paragraph 21 below.
21.1 Legislated child priority sex cases
21.2 Legislated serious and organised crime cases
21.3 Custody on the matter listed for trial only
21.4 Retrial ordered by the CCA or after mistrial or hung jury
21.5 Not reached by the Court due to no available judge or courtroom
21.6 Sexual offences where the complainant was over 18 at time case initiated in the Magistrates Court
21.7 Aggravated and non-aggravated offences involving a complainant drug and firearm offences taking into account age of case and estimated length
22 The first Friday Arraignment will be held on Friday 1 April 2016.