>[!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- Seek to obtain early victim impact statements and ensure victims are contacted if the matter is withdrawn.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 **ALTERNATIVES**: Identify alternative charges which might be withdrawn for higher charges.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.