Quick Guide: District Court Criminal Trial Listings Process (commencing Friday, 1 April 2016)
On 1 April 2016, the District Court sitting in Adelaide will change its criminal listings process for Adelaide matters, as follows:
Arraignments
. The first Friday Arraignment will be held on Friday, 1 April 2016. All matters committed to the District Court in Adelaide will be committed eight weeks after the committal order is made unless either party applies to a Magistrate for an order for the matter be committed to an earlier date. Arraignment lists in the District Court sitting in Adelaide will be each Friday at 9am (rather than each Monday at 10am as is existing practice). There will still be two arraignment lists: a guilty plea list and a not guilty plea list. All accused will be expected to attend by AVL or in person. Where an arraignment pursuant to District Court Rule 25 is appropriate, the accused will attend in person. A Form 33 Notice to Solicitor, completed by defence counsel must be returned to the court 21 days prior to the arraignment hearing.
oGuilty plea list . The prosecution will provide the court with a summary of the facts a reasonable time before the arraignment hearing. The court will forward this to defence counsel. . Counsel are expected to make sentencing submissions at arraignment and, where appropriate, the court will, set specific dates and times for submissions.
oNot guilty plea list . Prosecution must file all Information documents with the court eight business days before arraignment day. . The Criminal Trials Allocation Officer will attend the not guilty plea list to set trial dates and also a First Callover Directions Hearing, which will be 10 weeks after the arraignment. . Applications to adjourn fixing a trial date will be discouraged. . Order of priority given to trials will not change except for long trials (15 days or more). These have a higher priority. Any long trials listed from 1 April 2016 will be allocated to a judge to case manage within six weeks of being given a trial date at Arraignment. . Applications for enforcement of breached bonds will be dealt with in the not guilty list.
Special Directions Hearing
General Special Directions Hearing lists will no longer be scheduled in a monthly list as they will now be listed at the request of the parties where there is concurrence that the matter will or is very likely to resolve at such a hearing. Counsel may request specific intervention by the presiding judge if assists resolution of the matter. Such applications will be listed at the end of the First Callover Directions Hearing if considered appropriate by the presiding judge. First Callover Hearing The First Callover Directions Hearing replaces existing Directions Hearing lists. It will be heard on Wednesdays at 9am, by a rostered judge. The court will be closed, in line with current practice Defence are to file a Form 34 Trial Preparation Statement countersigned by the prosecutor 14 days prior to this hearing. At the First Callover Directions Hearing the parties are expected to have filed with the Court seven days beforehand relevant documentation and to be ready to advise on the following: . Certificate of Representation. . Which Crown witnesses from whom declarations have been obtained and supplied are required at trial, and why. . Whether interpreters (or other evidentiary assistance) is required for any witness and/or accused and where a police witness is required. The court must be advised about whether there is any reason why a police witness cannot give evidence via AVL from a police station at which they may be stationed at the time of trial. . Any necessary subpoenas . The court will consider any applications for pre-trial orders such as voir dire, stay of proceedings and severance applications. The court will allocate a date for any preliminary arguments. The court expects trial counsel or the file principal who has obtained advice and assistance from a trial counsel to attend at the First Callover Directions Hearing. At the end of the hearing, the matter will be listed for a Second Callover Directions Hearing four weeks prior trial.
Second Callover Directions Hearing This hearing will occur after the Not Guilty arraignment list on Fridays (unless the Friday is a public holiday in which case they will be listed the following Friday). As with the current call over 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. The court will be closed, in line with current practice.
Pre-Trial Directions Hearing 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) to enable ancillary orders may be made. The court will be closed, in line with current practice
General Notes All applications for directions of the court (except those made under Rule 50 [which Court]) are to be made in writing and filed electronically via [email protected].
Any enquires can be directed to the Higher Courts Criminal Registry on 82040289 Released by the Chief Judge
2