Sydney West District Court
DISTRICT COURT CRIMINAL PRACTICE NOTE 1
LISTING PROCEDURES IN SYDNEY AND SYDNEY WEST
DISTRICT COURT
1. The arrangements in place between the Local Court and the District Court in relation to cases committed to Sydney District Court and Sydney West District Court are:
1. Accused committed for trial in Sydney are committed to the last sitting day of the week following committal (usually a Friday) for first mention in the arraignment list.
1.2 In Sydney West a similar procedure is adopted but the first mention day varies from court to court and practitioners should ascertain the relevant day which is nominated by the list judges at Parramatta, Penrith and Campbelltown.
3. Where an accused is committed for sentence the magistrate may order a pre-sentence report for the sentencing. Practitioners should address this issue in the Local Court where possible because this allows the report to be prepared at an earlier date.
4. Where an appeal against severity is lodged in the Local Court the date of hearing in the District Court is endorsed on the Notice of Appeal. This is not a mention date and practitioners should be prepared to proceed with the appeal on that date.
2. The purpose of the first mention of a trial will be to ensure the representation of all accused …show more content…
persons is provided for at the earliest possible opportunity. The responsibility of the list judge will be to manage each case according to its own needs.
3.
At this first mention the list judge will address the question of provision of legal assistance and set a date for arraignment within a period no longer than the next eight weeks. In fixing this date the judge will take account of the circumstances of the accused in order to enable the arraignment date to be a meaningful date on which the accused can indicate what the plea will be. This system is designed to minimise the number of appearances in the arraignment lists and thus to reduce costs. It is also designed to ensure maximum attention is given to new cases to ensure only those cases are listed for trial which are expected to be
trials.
4. The State and Commonwealth Directors of Public Prosecutions have undertaken to ensure counsel is briefed for the purpose of discussing the future management of all cases with defence counsel. The defence should also be appropriately represented with a view to making the arraignment system a meaningful method of managing the trial lists.
5. Where the accused indicates a plea of not guilty at arraignment, the list judge will normally fix the matter for trial. If at the first mention the accused is represented and the prosecution can confirm the probable charge a trial date may be fixed. To facilitate the early listing of trials the prosecution should be able to provide suitable dates for witnesses at this first mention. Practitioners should be prepared to provide estimates for the length of trials and any special requirements for the trial at the time the matter is fixed for hearing.
6. List judges in Sydney West may fix further management dates for the trials and practitioners should familiarise themselves with the practice directions of the Sydney West list judges.
7. Any application to vacate the hearing date of a trial should be made as soon as a party becomes aware of the grounds relied on. Wherever possible this should be done at least ten days before the listed trial date. Every effort should be made to avoid such applications on the day of trial. Any such application should be made by notice of motion supported by evidence on affidavit.
8. Available trial dates are published on the District Court website http://www.lawlink.nsw.gov.au/dc.
The Hon. Justice R.O. Blanch
CHIEF JUDGE.
9 August 2005
LISTING PROCEDURES IN SYDNEY AND SYDNEY WEST
DISTRICT COURT
1. The arrangements in place between the Local Court and the District Court in relation to cases committed to Sydney District Court and Sydney West District Court are:
1. Accused committed for trial in Sydney are committed to the last sitting day of the week following committal (usually a Friday) for first mention in the arraignment list.
1.2 In Sydney West a similar procedure is adopted but the first mention day varies from court to court and practitioners should ascertain the relevant day which is nominated by the list judges at Parramatta, Penrith and Campbelltown.
3. Where an accused is committed for sentence the magistrate may order a pre-sentence report for the sentencing. Practitioners should address this issue in the Local Court where possible because this allows the report to be prepared at an earlier date.
4. Where an appeal against severity is lodged in the Local Court the date of hearing in the District Court is endorsed on the Notice of Appeal. This is not a mention date and practitioners should be prepared to proceed with the appeal on that date.
2. The purpose of the first mention of a trial will be to ensure the representation of all accused …show more content…
persons is provided for at the earliest possible opportunity. The responsibility of the list judge will be to manage each case according to its own needs.
3.
At this first mention the list judge will address the question of provision of legal assistance and set a date for arraignment within a period no longer than the next eight weeks. In fixing this date the judge will take account of the circumstances of the accused in order to enable the arraignment date to be a meaningful date on which the accused can indicate what the plea will be. This system is designed to minimise the number of appearances in the arraignment lists and thus to reduce costs. It is also designed to ensure maximum attention is given to new cases to ensure only those cases are listed for trial which are expected to be
trials.
4. The State and Commonwealth Directors of Public Prosecutions have undertaken to ensure counsel is briefed for the purpose of discussing the future management of all cases with defence counsel. The defence should also be appropriately represented with a view to making the arraignment system a meaningful method of managing the trial lists.
5. Where the accused indicates a plea of not guilty at arraignment, the list judge will normally fix the matter for trial. If at the first mention the accused is represented and the prosecution can confirm the probable charge a trial date may be fixed. To facilitate the early listing of trials the prosecution should be able to provide suitable dates for witnesses at this first mention. Practitioners should be prepared to provide estimates for the length of trials and any special requirements for the trial at the time the matter is fixed for hearing.
6. List judges in Sydney West may fix further management dates for the trials and practitioners should familiarise themselves with the practice directions of the Sydney West list judges.
7. Any application to vacate the hearing date of a trial should be made as soon as a party becomes aware of the grounds relied on. Wherever possible this should be done at least ten days before the listed trial date. Every effort should be made to avoid such applications on the day of trial. Any such application should be made by notice of motion supported by evidence on affidavit.
8. Available trial dates are published on the District Court website http://www.lawlink.nsw.gov.au/dc.
The Hon. Justice R.O. Blanch
CHIEF JUDGE.
9 August 2005