>[!IMPORTANT] Be empathetic and understanding >Uniform is under pressure. Be empathetic that they have 12+ other briefs to complete. Always view it through this lens. The key principle in *summary case conferencing* is **relationships**. Whether it is with lawyers, informants, your own supervisor or victims. - Foster good relationships with **informants** by notifying or seeking permission from them to withdraw matters. - Be courteous with lawyers by understanding their position in matters e.g. they are only acting on instructions of their clients. - Seek to obtain early victim impact statements and ensure victims are contacted if the matter is withdrawn. The summary case conference process is governed by [[Section 54 Summary case conference]] of the Criminal Procedure Act 2009. # Purpose of Summary Case Conferences 1. Identifying and providing the accused with any *information*, *thing* or *document in possession* of the prosecution that may assist the accused in understanding the prosecution evidence; and 2. Identifying the *issues in dispute*; and 3. Identifying the *steps required to advance the case*; and 4. Any other purpose prescribed by the rules of the court. The most important thing about a summary case conference is to **make a decision** as to where the Prosecution stand. # Methods & Rules A summary case conference may be held *at the direction of the court* or *at any time by agreement between the parties without involvement of the court*. If the accused *is not legally represented*, the court may dispense with the requirement to conduct a summary case conference, pursuant to s. 54(5) of CPA 2009. The rules for how a summary case conference is conducted is found within the Magistrates' Court Criminal Procedure Rules 2019, specifically, [[Rule 22 Summary case conference]]. # Practicalities of Summary Case Conferences These are the steps that I follow when I summary case conference a matter. You do not need to follow them, but I find it provides a high quality SCC each time I do it. Following these steps in order tends to result in a decent quality summary case conference: 1. **CHARGES:** Review the **charges** and identify any error within the charge (date, location, particulars). Create a 'Charge Table' which provides charge number, charge title, date and particular info (value of items stolen). 2. **ALTERNATIVES**: Identify alternative charges which might be withdrawn for higher charges. 3. **PROSPECT OF CONVICTION**: Add a column to the table for the Prosecution position on each charge. 1. **PROSECUTION POSITION**: Work your way through each charge and check the evidence we have to prove that charge. Note down your position for each charge. 2. **DEFENCE POSITION**: If defence have provided a position, note it down next to each charge. 4. **PUBLIC INTEREST**: Are there any factors that stand out to you in the brief as problematic? Review the [[Prosecutorial Discretion#^f77ce4|public interest factors]] as needed. 5. **PROCEEDING**: Determine whether the matter will proceed as a **further mention** or a **contest mention**. 1. **FME**: Further mentions are used when we are awaiting evidence from an informant to determine whether we would withdraw a charge or not. 2. **CME**: Contest mentions are used when the parties are in dispute, but it is prosecutions intention to proceed. They are normally used to obtain an opinion from the bench to resolve a matter. 6. **Form 11A**: Compile a Form 11A. This can be used for both FME or CME. 7. Ask defence what their *issues* are; tie defence down to these issues; if they want to PNG, why? 8. Review the *charges*; identify any *errors* within the charges (e.g. statute). 9. Check the *summary of alleged facts*; determine if a [[43.07 DPP Policy|reasonable prospect of conviction]] exists. 1. *Amendments* to a summary of alleged facts must be *evidence based*; not just because. 10. Identify any *lesser charges* on the brief; are there alternatives; which charges do we proceed on? 11. *Liaise with informants*; don't decide in a vacuum; consider time spent on brief by informant. 12. Determine if *further mention* or *contest mention* required. 1. *Further mention* is typically used when a single piece of further evidence is required; and that evidence would determine a withdrawal or prosecution proceeding. 2. *Contest mention* is used when prosecution is proceeding but defence have an issue we cannot resolve. # Requirements Post-SCC - Contact informants by email; and - Notify informants of any notice of alibi; and - Cannot contact the alibi itself; e.g. if alibi is I was with X. You need to follow up and get something like CCTV. - Maintain comms with defence lawyers.