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 1Preliminary1Short titleThese Rules of Court may be cited as the Criminal (Case Management) Rules 2001 . 2CommencementThese Rules of Court take effect on the day on which their making is notified in the Gazette. 3InterpretationIn 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 2Legal representation4Notice of instruction to actAny 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. 5Legal 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. 6Notice 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) . 7If notice of instruction to act not filedIf 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. 8Ceasing 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 3Caseflow management9Listing 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. 10Adjournment of trials and hearingsOn 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. 11First 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. 12Second appearance (1) When a matter that has been adjourned under rule 11(3)(b) is called on again for hearing, the presiding judge may require Crown counsel to indicate – (a) whether or not an indictment has been or is to be filed; and (b) if an indictment is to be filed, the crime or crimes in respect of which the indictment 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 order – (a) that the indictment be filed within a specified time; and (b) that the matter be relisted for the arraignment of the accused person. PART 4Status conferences13Attendance at status conferenceA 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. 14Status 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. 15Adjournment of status conferenceThe judge before whom a status conference is held may adjourn the status conference. 16OrdersAt 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 5Pre-trial conferences17Order 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. 18Attendance at pre-trial conferenceA 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. 19Adjournment of pre-trial conferenceThe judge before whom a pre-trial conference is held may adjourn the pre-trial conference. 20Applications at pre-trial conferencesAny application made at a pre-trial conference may be made orally. 21Submissions as to evidenceIn 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. 22Order 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 6Miscellaneous23Application 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. 24Dispensing with rulesThe Court may at any time dispense with compliance with all or any of these rules. Schedule 1Status checklistRule 14
PART 1Status checklist prepared by Crown counselACCUSED |
COMMITTAL DATE | TRIAL VENUE |
INDICTMENT FILED | YES/NO DATE: |
CROWN PROOFS FILED | YES/NO DATE: |
PROPOSED TRIAL DATE |
(To be completed at time of filing indictment) |
CROWN COUNSEL | EXTN |
1. ESTIMATED TRIAL TIME |
2. ADMISSIONS SOUGHT UNDER SECTION 109 OR 113A OF THE EVIDENCE ACT 1910 |
(a) Evidence sought to be admitted formally or by consent |
(b) Admission of fact sought – |
(i) The facts in the proof of the following witnesses: |
(ii) The following facts: |
3. ANY ADDITIONAL PROOFS TO BE LODGED |
4. WITNESSES CROWN DOES NOT PROPOSE CALLING |
5. ANY APPLICATION BY THE CROWN FOR CONFISCATION OR FORFEITURE OF PROPERTY |
(sgd) |
(Crown Counsel) |
PART 2Status checklist prepared by or on behalf of accused person1. PLEA OF GUILTY | YES/NO DATE: |
2. IF PLEA OF GUILTY |
(a) Is the Crown case as stated in the indictment and papers acknowledged by the accused person as the basis of the plea of guilty? |
(b) If no to paragraph (a), is there a proposed plea to fewer counts or lesser charges and, if so, give details. |
(c) Will there be a dispute on the facts requiring the attendance of witnesses? If yes, give details. |
3. IF PLEA OF NOT GUILTY |
(a) What is your estimate of the trial time? |
(b) Do you agree to all or any of Crown counsel’s requests concerning sections 109 and 113A of the Evidence Act 1910 . Please give details: |
(c) Do you have any objections to the Crown’s proposal to not call the witnesses named in item 4 of Part 1 to this Schedule? |
(d) Names of any witnesses not required: |
(e) Matters not to be opened by the Crown: |
(f) Will an order for separate trials be sought? |
4. PRE-TRIAL CONFERENCE REQUIRED BY AUDIO OR AUDIO VISUAL LINK | YES/NO |
5. PRE-TRIAL CONFERENCE REQUIRED | YES/NO |
6. EXPERT EVIDENCE |
(a) Any specialist defence requiring expert evidence: |
(b) Availability of accused person for examination by Crown’s expert |
(sgd) |
(Accused person or legal representative 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.
EXPLANATORY NOTE
(This note is not part of the rule) These Rules of Court make provision in relation to –
(a) caseflow management in the Supreme Court sitting in exercise of its criminal jurisdiction; and (b) legal representation of accused persons; and (c) status conferences; and (d) pre-trial conferences; and (e) miscellaneous matters of practice and procedure.