Typically, charges for indictable offences are heard in the higher courts, as they are considered more serious offences. If you plead guilty, a judge alone will determine your case, but if you proceed to trial, both a judge and jury will hear and determine your matter.
While some indictable offences can be heard by a Magistrate in the Summary Jurisdiction, the following are some of the offences deemed too serious to be heard in the Magistrates’ Court.
If you are charged summarily, you can likely expect the following process:
A Filing Hearing is the first time you and your matter will appear before the court.
The Magistrate will determine a time for the Hand-Up Brief (evidence against you obtained by the Informant) to be served on the Defence, and then set a subsequent date for the Committal Mention.
Committal Mentions tend to be short hearings. If you inform the Magistrate that you are pleading guilty, you will be committed to the County or Supreme Court for a plea hearing without the need for a committal hearing.
If you intend to plead not guilty, the Magistrate will consider submissions made by the Prosecution and Defence before setting a date for a Committal Hearing.
A Committal Hearing is used to determine whether there is sufficient evidence to proceed to a trial in a higher court. The Prosecution will call witnesses and the Defence can cross examine those witnesses. At the conclusion of the hearing, you will be asked whether you plead guilty or not guilty and be committed to the County or Supreme Court.
This hearing can also be used to determine whether the matter can be heard and determined summarily before a Magistrate, if appropriate.
If you plead guilty, your matter can be heard and determined by a Judge.
If you plead not guilty, you should expect the following process:
You will need to attend the Initial Directions Hearing, which is typically scheduled for the day after the Committal Hearing. During this hearing, the parties must inform the judge of details of the case, including the issues in dispute, witness identification and trial-length estimates.
A Final Directions Hearing is typically held a month before the trial. The Prosecution and Defence confirm with the Court that the matter is ready for trial and whether there are any further requirements.
If the matter resolves, the parties may inform the Court that the matter has resolved to a plea of guilty.
During an Arraignment, the charges against you are formally read out, after which, you must enter a plea of not guilty.
From the pool of jurors, a jury of 12 individuals are selected to hear your case.
During Trial, the prosecution presents their case against you. You may then give your own evidence to refute the allegations.
After hearing the trial, the jury will render their verdict.
If found guilty, the judge will order a sentence against you, which will vary depending on the offence and circumstances of your case.
The Supreme Court is typically restricted to the most serious criminal charges, such as murder, attempted murder, treason, some sex offences, fraud and major drug trafficking offences.
For these offences, following the Committal Proceeding at the Magistrates’ Court, there is a Post Committal Directions Hearing at the Supreme Court.
During this hearing, the parties notify the Court whether there is prospect for resolution and how the accused intends to plead. The parties also identify any requirements for witnesses and subpoenas and if there are any issues relating to the trial date.
If your matter is able to proceed as a plea, a time is scheduled to proceed before a single judge. If the matter is to proceed to trial, the following procedures take place:
During an Arraignment, the charges against you are formally read out, after which, you must enter a plea of not guilty.
From the pool of jurors, a jury of 12 individuals are selected to hear your case.
During Trial, both parties present their case to the jury.
After hearing the trial, the jury will render their verdict.
If found guilty, the judge will order a sentence against you, which will vary depending on the offence and will consider circumstances of your case.
At Hutchinson Legal, we strive to understand your case and provide you with advice as to the best course of action to proceed with and appear on your behalf.
