Criminal (Case Management) Rules 2001

Criminal (Case Management) Rules 2001

We, the Honourable WILLIAM JOHN ELLIS COX, Companion of the Order of Australia, Chief Justice, and the Honourable PETER GEORGE UNDERWOOD, the Honourable EWAN CHARLES CRAWFORD, the Honourable PIERRE WILLIAM SLICER, the Honourable PETER ETHRINGTON EVANS and the Honourable ALAN MICHAEL BLOW, Puisne Judges of the Supreme Court of Tasmania, make the following Rules of Court under the Criminal Code Act 1924 .

PART 1 - Preliminary

1.   Short title

These Rules of Court may be cited as the Criminal (Case Management) Rules 2001 .

2.   Commencement

These Rules of Court take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these Rules of Court –

accused person means a person –

(a) against whom an indictment has been filed; or

(b) committed for trial or sentence;

committed for sentence means committed to the Supreme Court for sentence under section 63 of the Justices Act 1959 ;

Court means the Supreme Court sitting in exercise of its criminal jurisdiction;

Crown counsel means –

(a) a legal practitioner employed in an Agency as defined in the State Service Act 2000 ; or

(b) a legal practitioner representing that legal practitioner;

filed means filed in the registry of the Court;

legal practitioner means a legal practitioner as defined by the Legal Profession Act 1993 ;

legal representative means any legal practitioner or firm of legal practitioners whose name is recorded in the registry under rule 5 as the legal representative of an accused person;

order for committal means an order for committal under the Justices Act 1959 ;

pre-trial conference means a conference held under Part 5 ;

registry means the registry of the Court;

sentencing hearing means a sentencing hearing held in relation to a person who –

(a) pleads guilty; or

(b) is found guilty on an indictment; or

(c) is dealt with in accordance with section 385A of the Criminal Code;

status conference means a conference held under Part 4 ;

trial judge means the judge to whom a trial or sentencing hearing has been assigned.

PART 2 - Legal representation

4.   Notice of instruction to act

Any legal practitioner, or firm of legal practitioners, who is instructed to act, or any legal practitioner who is briefed to act, for an accused person on the trial or sentencing hearing of the accused person must, within 7 days after receiving instructions or being briefed –

(a) file a notice in writing of that fact; and

(b) deliver a copy of the notice to a Crown Law Officer.

5.   Legal representative of accused person

(1)  The name of the legal practitioner, or firm of legal practitioners, who is instructed to act for an accused person is to be recorded in the registry as the legal representative of the accused person.

(2)  The legal representative of an accused person is the person or firm to whom or by whom any document, notice or proceeding under these rules is to be delivered.

(3)  If an accused person is unrepresented, the accused person is to be recorded in the registry as the person to whom or by whom any document, notice or proceeding under these rules is to be delivered.

6.   Notice of change of instruction to act

(1)  If an accused person changes his or her legal representative, the accused person's new legal representative must, within 7 days after receiving instructions –

(a) file a notice in writing of that fact; and

(b) deliver a copy of the notice to a Crown Law Officer.

(2)  The name of the new legal representative is to be recorded in the registry in substitution for the name recorded under rule 5(1) .

7.   If notice of instruction to act not filed

If an accused person has instructed a legal practitioner or firm of legal practitioners to act on his or her behalf but a notice of that fact has not yet been filed, the legal practitioner or firm is taken to be the legal representative of the accused person.

8.   Ceasing to act for accused person

(1)  If the legal practitioner, or firm of legal practitioners, recorded under rule 5(1) ceases to act for an accused person, the legal practitioner or firm must –

(a) file a notice in writing of that fact; and

(b) deliver a copy of the notice to a Crown Law Officer.

(2)  On the filing of a notice, the legal practitioner or firm ceases to be the legal representative of the accused person.

PART 3 - Caseflow management

9.   Listing of trials and hearings

(1)  The Chief Justice, or any judge to whom the Chief Justice has delegated the function of supervising the listing of trials and hearings, may –

(a) assign trials and sentencing hearings to specified judges; and

(b) specify the day on which any trial or sentencing hearing is to commence; and

(c) direct that the listing of any trial or sentencing hearing be varied or set aside.

(2)  A direction under subrule (1)(c) may be –

(a) upon the judge's own motion; or

(b) at the request of Crown counsel or the accused person.

10.   Adjournment of trials and hearings

On or before the day on which a trial or sentencing hearing is listed to commence, a judge may –

(a) adjourn the trial or sentencing hearing; or

(b) give any further direction as to how the trial or sentencing hearing is to proceed.

11.   First appearance

(1)  On the first appearance in the Court of a person committed for trial, the presiding judge may ascertain whether or not an indictment has been filed in respect of the matter to which the order for committal relates.

(2)  If an indictment has been filed, the accused person may be arraigned on the indictment and called upon to plead.

(3)  If an indictment has not been filed, the presiding judge may –

(a) ascertain whether or not a Crown Law Officer has determined to file an indictment; and

(b) if such a determination has not been made, adjourn the matter for any period the judge considers reasonable.

12.   Second appearance

[Rule 12 Substituted by S.R. 2002, No. 19, Applied:17 Apr 2002]

(1)  When a matter that has been adjourned under rule 11(3)(b) is called on again for hearing, the presiding judge may call upon Crown counsel to indicate whether or not an indictment has been filed or is to be filed.

(2)  If an indictment has been filed, the accused person may be arraigned on the indictment and called upon to plead.

(3)  If Crown counsel indicates that an indictment is to be filed, the judge may –

(a) call upon Crown counsel to indicate when, and the crime or crimes in respect of which, it is to be filed; and

(b) order that the matter be relisted for the arraignment of the accused person.

(4)  If Crown counsel indicates that a decision has not yet been made whether to file an indictment, the judge may –

(a) call upon Crown counsel to indicate when such a decision is expected; and

(b) order that the matter be adjourned for any period the judge considers reasonable.

PART 4 - Status conferences

12A.   Order that status conference be held

[Rule 12A Inserted by S.R. 2002, No. 131, Applied:20 Nov 2002]

(1)  A Crown counsel or the accused person may apply to a judge for an order that a status conference be held.

(2)  After hearing the application, the judge may order that a status conference be held –

(a) on a day and at a time specified in the order; and

(b) before a specified judge.

(3)  A judge may order that a status conference be held without an application being made.

13.   Attendance at status conference

A status conference is to be held before a judge and is to be attended by the following persons:

(a) the accused person;

(b) if the accused person is represented, the legal representative of the accused person;

(c) Crown counsel.

14.   Status checklist

(1)  Before a status conference is held, a status checklist is to be prepared and completed, as far as is practicable, in accordance with Schedule 1.

(2)  Not less than 4 clear days before a status conference is to be held, the status checklist prepared by Crown counsel is to be filed and a copy delivered to –

(a) the accused person; or

(b) if the accused person is represented, the legal representative of the accused person.

(3)  Not less than 2 clear days before a status conference is to be held, the status checklist prepared by the accused person or, if the accused person is represented, the legal representative of the accused person is to be filed and a copy delivered to Crown counsel.

15.   Adjournment of status conference

The judge before whom a status conference is held may adjourn the status conference.

16.   Orders

At the conclusion of a status conference, the judge may direct, by order, that the trial or sentencing hearing be listed to commence on a day and at a time specified in the order.

PART 5 - Pre-trial conferences

17.   Order that pre-trial conference be held

(1)  A Crown counsel or the accused person may apply to a Judge for an order that a pre-trail conference be held.

(2)  After hearing the application, the judge may order that a pre-trial conference be held –

(a) immediately or on a day and at a time specified in the order; and

(b) before a specified judge.

(3)  A judge may order that a pre-trial conference be held without an application being made.

18.   Attendance at pre-trial conference

A pre-trial conference is to be –

(a) held in open Court or as the judge otherwise directs –

(i) if practicable, before the trial judge; or

(ii) if not practicable, before another judge; and

(b) attended by –

(i) Crown counsel; and

(ii) the accused person; and

(iii) if the accused person is represented, the legal representative of the accused person.

19.   Adjournment of pre-trial conference

The judge before whom a pre-trial conference is held may adjourn the pre-trial conference.

20.   Applications at pre-trial conferences

Any application made at a pre-trial conference may be made orally.

21.   Submissions as to evidence

In the course of a pre-trial conference, a judge may consider submissions in relation to the production and use in the trial of any summary, diagram, chart, illustration, graph, photograph, film, document, model or other audio, video or visual medium as an aid to illustrating or explaining the evidence.

22.   Order for preparation of prosecution case statement

(1)  In the course of a pre-trial conference, a judge may order Crown counsel to –

(a) prepare a statement of the prosecution case in accordance with subrule (3) ; and

(b) file the statement; and

(c) deliver the statement to the accused person.

(2)  A judge may not make an order under subrule (1) unless an indictment in relation to the accused person has been filed.

(3)  Unless a judge otherwise orders, a statement of the prosecution case is to –

(a) contain –

(i) a copy of the indictment; and

(ii) a concise account of the facts and inferences sought to be drawn from those facts; and

(iii) any other material on which the prosecution case is based and the inclusion of which the judge considers desirable; and

(iv) a list of exhibits that the prosecution intends to produce at the trial; and

(v) a statement of any proposition of law on which the prosecution proposes to rely, other than any general proposition of law relevant to the case; and

(b) be accompanied by any other document the judge directs.

PART 6 - Miscellaneous

23.   Application to quash or stay indictment or proceedings

(1)  Unless a judge otherwise directs, any application to quash or stay any proceedings before the Court is to be –

(a) made in writing; and

(b) filed, together with any supporting affidavits; and

(c) delivered, together with copies of any supporting affidavits, to a Crown Law Officer as soon as practicable after it has been filed; and

(d) heard and determined before a judge in open Court.

(2)  If an application to quash or stay any proceedings before the Court is dismissed, any subsequent application to quash or stay proceedings relating to the same charges, charges of substantially similar effect or charges upon the same or similar grounds may be made or considered only if –

(a) there has been a material change of circumstances; and

(b) the grounds of the subsequent application are confined to that change of circumstances.

24.   Dispensing with rules

The Court may at any time dispense with compliance with all or any of these rules.

SCHEDULE 1 - Status checklist

Rule 14

PART 1 - Status checklist prepared by Crown counsel

PART 2 - Status checklist prepared by or on behalf of accused person

W. J. E. Cox

Chief Justice

P. G. Underwood

Puisne Judge

E. C. Crawford

Puisne Judge

P. W. Slicer

Puisne Judge

P. E. Evans

Puisne Judge

A. M. Blow

Puisne Judge

Countersigned,

I. G. Ritchard

Registrar

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 August 2001

These Rules of Court are administered in the Department of Justice and Industrial Relations.