Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2009-06-27

54. Summary case conference

54. Summary case conference

(1) A summary case conference is a conference between the prosecution and the accused for the purpose of managing the progression of the case including-

(a) identifying and providing to the accused any information, document or thing in the possession of the prosecution that may assist the accused to understand the evidence available to the prosecution; and

(b) identifying any issues in dispute; and

(c) identifying the steps required to advance the case; and

(d) any other purpose prescribed by the rules of court.

(2) If a preliminary brief is served in accordance with section 24, a summary case conference must be conducted before-

(a) the charge is set down for a contest mention hearing or a summary hearing; or

(b) a request for a full brief is made under section 39(1).

(3) The Magistrates' Court may direct the parties to attend a summary case
conference.

(4) Nothing in this section prevents a summary case conference from being
conducted at any other time, if the parties agree.

(5) If an accused is not legally represented, a summary case conference must not be conducted unless the Magistrates' Court is satisfied that the
conference is appropriate, having regard to whether the accused has had a
reasonable opportunity to obtain legal advice.

(6) If the Magistrates' Court is not satisfied as required by subsection 5), the court may dispense with the requirement under subsection (2) to conduct a summary case conference.

(7) Evidence of-

(a) anything said or done in the course of a summary case conference; or

(b) any document prepared solely for the purposes of a summary case conference-

is not admissible in any proceeding before any court or tribunal or in any inquiry in which evidence is or may be given before any court or person acting judicially, unless all parties to the summary case conference agree to the giving of the evidence.

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