An overview of what is going to happen in the hearing.
- Introductions
- Introduce yourself to the Magistrate
- State: "The prosecution case is ready to proceed."
- Entering of Plea/s
- If unrepresented, Magistrate must read out the charge. At contested hearings even if represented, they still normally read out the charge. (s. 62 CPA)
- Order for witnesses out of court
- s. 127 Magistrates' Court Act 1989
- Observe who leaves the court upon making this order; good indicator who the defence might call.
- Charge amendments
- Fox v DPP
- Agreed Facts
- Not in contention or are agreed by defence and prosecution.
- Can be pro-forma document or written in free-text.
- Must be signed by defence and prosecution.
- Tendered to the court as a preliminary matter.
- Anything that isn't contentious, try and get defence to agree.
- Be careful as well what you do agree to, whatever is agreed to, you cannot ask questions about, even to 'qualify' it.
- Time: "At 7:30pm on Friday the 1st of January 2025..."
- Identity: "Bill Smith, born 1 June 2000, was present at LOCATION/FACT when this occurred."
- It should be a summary of the agreed facts.
- You can also agree to exhibits.
- Cannot agree to things that are law issues; can only agree on facts.
- e.g. Cannot agree that someone is unavailable and then tender a statement via hearsay exceptions.
"Your Honour, there are two charges before the court. Theft and resisting arrest. There are 3 prosecution witnesses. It is a factual dispute. I expect it will take 2 hours, as it is only a single issue."