LSB July 2018_Web

CRIMINAL JUSTICE
in the District or Supreme Court. If the
charge is not admitted, prosecution must
provide information as to the time required
to prepare and provide a committal
brief, taking into account the specific
requirements of the case. The Magistrates
Court will adjourn the matter to an
answer charge date ensuring sufficient
time is allowed for the completion of the
committal brief (s 110(2)(c)).
CALLING A MATTER ON FOR EARLY GUILTY
PLEA
There have been changes to the guilty
plea reduction regime concerning timing
and quantum (ss 38-41).
Pursuant to section 110(3), the defence
may request that the matter be called on
in the Magistrates Court four weeks after
committal appearance for purposes of
entering a guilty plea. Rule 21.01 requires
that the Court must be notified in writing
of any such application using Form 9B.
Rule 21.02 requires that a defendant
seeking to have the matter called on for
the purposes of entering a plea of guilty
otherwise than pursuant to s 110(3), must
notify the Court in writing.
THIRD APPEARANCE: ANSWER CHARGE
HEARING
If the defendant appears, the charge will
be read and a plea taken. If a guilty plea
is entered, the Magistrates Court can deal
with the matter with the consent of both
parties pursuant to s 116, or make an order
for committal for sentence in the District
or Supreme Court. If the defendant pleads
not guilty, or no plea is entered, the Court
will consider the evidence to determine
whether it is sufficient for the defendant
to be tried. If there is sufficient evidence,
an order will be made for committal to the
Higher Courts for trial. If the defendant
does not appear, the Court may proceed
in the defendant’s absence (taken as “no
plea” or “charge denied”) and make an
order for committal for trial, or issue a
summons for the defendant to attend
court, or issue a warrant of apprehension
for the defendant’s arrest.
NOTICES RELATING TO COMMITTAL
PROCEEDINGS: NO CASE TO ANSWER &
RULE 20
Pursuant to s 112(1) a defendant may
file in the Magistrates Court, and give to
the ODPP, a notice indicating that the
defendant intends to argue that there is
no case to answer with respect to the
charge(s). The notice must specify why
the defendant asserts there is no case to
answer (s 112(3)(b)).
Pursuant to s 112(2) a defendant may
file in the Magistrates Court, and give to
the ODPP, a notice requesting the oral
examination of a witness or witnesses in
committal proceedings. The notice must
specify why the defendant asserts there
are special reasons for the oral
examination (s 112(3)(c)).
Notice is required to be in writing to the
Court. Rule 20.02 of the Magistrates Court
Rules 1992 state that a notice filed pursuant
to s 112(1) or s 112(2) of the Act must
be filed in the Court no later than five
working days prior to the date appointed
for the answer charge hearing. If any such
notice is served on the prosecution less
than two weeks before the answer charge
date, the Magistrates Court must, at the
request of the ODPP, adjourn the answer
charge hearing for up to two weeks (or
longer, as to the court thinks fit) to allow
the prosecution time to prepare for the
answer charge hearing (s 112(4)).
FILE MANAGEMENT
Where charges are severed from the
original file, the severed charges will be
adjourned to be heard within a specific
severed file list quarterly in the relevant hub.
This will allow for the status of the major
indictable file to be known. If, however,
the severed file refers to a police interim
intervention order that is not confirmed at
the first hearing, the interim intervention
order will be heard in the originating court’s
family violence/general list.
Any “travelling files” (files with related
offending but not major indictable) are to
remain at the originating court for further
hearings.
Major indictable files downgraded to
minor indictable or summary after the
charge determination hearing are likely to be
returned to the originating court if SAPOL
prosecution have conduct of the file.
July 2018 THE BULLETIN 37