Criminal Magistrates' Court
This comprehensive step-by-step guide covers all aspects of criminal practice and procedure for summary and indictable offences in the Magistrates’ Court, with supplementary guides specific to traffic offences and Intervention Orders.
The guides provide easy to understand coverage of the procedural aspects of criminal law matters, from arrest and charge through to hearing and/or sentencing, including avenues for appeal and costs applications. Written by experienced practitioners, these guides provide practical tips for lawyers new to this area of work and a detailed overview to assist all practitioners, especially those supervising younger lawyers.
Recent updates to this publication can be viewed on Obiter - our News & Updates site.
Guides in this publication
MATTER PLAN
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“ Commentaries ”
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“ While references to legislation and courts in this guide are NSW based, unless otherwise stated, the general law relating to subpoenas does not differ between states – only the procedure in some respects. In some Australian jurisdictions the term ‘summons’ is used instead of ‘subpoena’, as in ... ”
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“ Uniform evidence law applies in NSW, Victoria, Tasmania and the Territories. However there are variations between the various Evidence Acts in these jurisdictions. There is a useful comparative chart prepared by the Commonwealth Attorney-General’s Department regarding differences between the ... ”
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“ One of the most important things to know about subpoena law is the so called ‘implied undertaking’, also known as the ‘Harman undertaking’, or the ‘Hearne v Street undertaking’. The common law provides that production of and access to documents under subpoena, even without any other court order, is ... ”
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“ One needs a good understanding of the law and practice relating to subpoenas to be able to advise and assist clients who receive a subpoena. Such an understanding will then make you far better equipped to draft and issue subpoenas for clients who are parties to litigation. Once you understand and ... ”
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“ Recipients of subpoenas are usually strangers to the court case in which the subpoena is issued. The subpoena comes as a surprise and an unwelcome imposition. Unless they are familiar with litigation, or have received subpoenas before, they will be unlikely to know what to do and may feel angry, ... ”
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“ Unfortunately, given the unwelcome impost that a subpoena constitutes, one of the most common responses for clients who receive a subpoena is to ignore it and hope it goes away. This, of course, almost never works. A subpoena is a court order. It cannot be ignored. Failure to comply with it may ... ”
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“ At the other end of the spectrum, is another inappropriate but very common response to a subpoena, especially a poorly drafted one which calls for ‘All documents about X’, where your client receives the subpoena and immediately brings their life and/or their business to a screaming halt so that ... ”
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“ It is important to read a subpoena carefully when it is received as there is a lot of helpful information on the subpoena itself such as: Out of which jurisdiction/court and in what type of proceedings was it issued? For example, is it a criminal, civil or family law case? ”
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“ The majority of subpoenas are not objectionable, or at least perhaps not worth objecting to. A reasonably precise call in a subpoena for a limited number of clearly identifiable and uncontroversial documents, that your client has in their possession or control and that are clearly relevant to the ... ”
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“ Once instructions have been taken and the scope of the subpoena considered, if there are, or may be, any objections they should be communicated to the issuing party. Technically, documents should be produced to the court, subject to the objection: see Objections below. Where the nature of the ... ”
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“ In criminal cases s 225 of the Criminal Procedure Act 1986 (NSW) provides that a person named in a subpoena is not required to produce any document or thing if it is not specified or sufficiently described in the subpoena. This is basically a matter of common sense. If a subpoena does not describe ... ”
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“ The threshold issue for production of documents under any subpoena is the requirement that there be a legitimate forensic purpose (LFP) for the documents sought. If there is not, then the subpoena, or the objectionable part of it, will be set aside as an abuse of process. There is extensive ... ”
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“ In criminal cases Alister and Saleam have been applied, and the ‘on the cards’ test approved, in cases such as Attorney General for New South Wales v Dylan Chidgey [2008] NSW CCA 65 and Perish v R; Lawton v R [2015] NSWCCA 237 at [56] – [57]. There is always a difficult balancing act for a court ... ”
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“ The leading NSW civil case is Waind v Hill and National Employers’ Mutual General Association [1978] 1 NSWLR 372 per Moffitt P at 379-382 and was followed in such cases as A v Z [2007] NSWSC 899; ICAP Pty Ltd & Ors v Moebes & Anor [2009] NSWSC 306 and McLaughlin v Dungowan Manly Pty Ltd [2009] ... ”
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“ In the federal jurisdiction, the requirement for an issuing party to establish LFP is well recognised via such cases as: Re Trade Practices Commission v Arnotts Limited; Arnott’s Biscuits Limited; Fledspac Pty Limited and the Dickens Corporation Pty Limited [1989] FCA 248; ”
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“ Subpoenas in family law cases, even though they are civil cases and the above federal authorities apply, are effectively a different category. In the family law jurisdiction, there are no pleadings as such, merely an Application and a Response, supported by affidavit evidence and almost anything ... ”
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“ Most often the LFP objection will relate to the breadth of the subpoena - the failure to limit the call in the schedule to identifiable and relevant documents only, thereby potentially capturing documents for which there is no LFP. Often a subpoena will be drafted carelessly so as to seek documents ... ”
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“ A subpoena may be oppressive if it places an undue burden on the producing party to produce documents that do not have sufficient relevance. This is a balancing exercise, intrinsically connected to LFP. Where a subpoena causes unreasonable trouble and expense to your client then an objection is ... ”
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“ Public interest immunity (PII) is a substantive common law privilege and can be claimed by governments over confidential information, the disclosure of which would damage the public interest. It was articulated in Alister v R [1984] HCA 85 and has frequently been claimed, considered and applied ... ”
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“ There are numerous pieces of legislation which protect documents from production under subpoena. Mostly, those documents will be held by government departments or agencies. In many of those instances, there is no point issuing a subpoena for such documents as they cannot and will not be produced ... ”
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“ Legal Professional Privilege (LPP) is a complex area. It exists in both common law and by virtue of ss 117-119 Evidence Act 1995 and it depends which jurisdiction you are in as to which iteration applies. See: Dr Michael Van Thanh Quach v MLC Life Limited (No 2) [2019] FCA 1322 at [11]. Both forms ... ”
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“ If the subpoena is pressed over your objection you will need to file the appropriate document to bring the objection before the Court. If unsure, check the rules of the Court in which the subpoena is issued or ask the Court registry. The procedure varies not just from state to state, but from court ... ”
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“ In civil cases Part 33 Uniform Civil Procedure Rules 2005 (NSW) contains the provisions relating to subpoenas. In other jurisdictions see: r 414 Uniform Civil Procedure Rules 1999 (Qld); Order 42-42A Supreme Court (General Procedure) Rules 2015 (Vic) In criminal cases subpoenas are covered in s 220 ... ”
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“ A subpoena is a tactical tool in litigation but should be employed as part of the overall strategy. A subpoena allows you to obtain evidence that might support your client’s case. It should be an integral part of the case theory. You should issue a subpoena to obtain documents that are likely to ... ”
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“ In short – not too early, but not too late! As noted above, the subpoenas that need to be issued initially will become evident from your instructions and your formulation of a case theory. Those subpoenas can and should be issued as early as reasonably possible, to start building your case. ... ”
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“ Applying to the court The procedure for issuing subpoenas and inspecting documents is set out in the applicable civil or criminal procedure rules for each jurisdiction and covered in various levels of detail on the various court websites. See the Victorian County Court website, for example, which ... ”
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“ Who is the right recipient Subpoenas need to be addressed to a person. ”
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“ Scenario: Your client Vicki Victim is the plaintiff in a civil claim for damages against Peter Puncher for injuries sustained as a result of an assault upon your client, which occurred in the foyer of a branch of the Institutional Bank of Australia, where Mr Puncher has since been convicted by the ... ”
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“ Always check the specific rules for service for the court where you are issuing the subpoena: see the links to court websites in Power to Issue a Subpoena above or Further Information below. Generally, subpoenas require personal service, unless they are directed to police or other public officers. ... ”
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“ An addressee need not comply with the requirements of a subpoena unless conduct money has been handed or tendered to the addressee a reasonable time before the date on which attendance is required. See r 33.6 Uniform Civil Procedure Rules 2005 (NSW) and s 224 Criminal Procedure Act 1986 (NSW); r 419 ”
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“ In criminal proceedings, generally only a party to the proceedings can seek or obtain a costs order. A third-party recipient of a subpoena is not a party: s 221 Criminal Procedure Act 1986 (NSW). However, some jurisdictions differ – Queensland legislation specifically provides that a subpoenaed ... ”
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“ A subpoena is a court order requiring production of stated documents to the court. Even if there is an objection, unless the objection is for oppression or relates to public interest immunity, then the documents should be produced, subject to the objection. The way to deal with this is to produce ... ”
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“ It is common that the recipient does not produce the required documents within the time stipulated in the subpoena. In the event this occurs, the recipient and issuing party should agree on a later date for production. The issuing party should then attend court on the return date and advise the ... ”
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“ As a subpoena is an order of the court, any failure to comply is contempt of court and the non-complying recipient can be dealt with for contempt. Rule 33.12 Uniform Civil Procedure Rules 2005 provides for this explicitly. The rules also provide for an arrest warrant to issue where non-compliance ... ”
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“ When a subpoena is issued the documents are produced to the court, not to you. This is fundamental and clearly stated on the subpoena. However, it is surprising how often subpoena recipients, especially those who have not had much prior experience with court proceedings, will respond to a subpoena ... ”
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“ Access to, or inspection of, documents produced under subpoena is governed by the rules of court applicable to the various jurisdictions and always at the court’s discretion - see, for example, r 33.8 Uniform Civil Procedure Rules 2005 (NSW). It is important to know how access orders are dealt with ... ”
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“ In the legal profession the term ‘costs’ refers to the fees and other expenses a practitioner charges a client for their professional services and other payments that arise out of the provision of legal services, including disbursements such as court fees. Costs are one of the most heavily ... ”
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“ Nature of disclosure6 Timing of disclosure7 ”
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“ Costs disclosure is not required in relation to certain clients, described in the legislation as ‘sophisticated clients’ or ‘government or commercial clients’ as defined by the relevant legislation to include clients such as lawyers, law firms, public companies, liquidators and government entities. ... ”
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“ Cost agreements are not always required, although clearly, as between the practitioner and their client, there will be disclosure but without the need for formal compliance with the regulation. The limits are: ”
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“ In New South Wales and Victoria there is a standard costs disclosure for fees under $3,000 which is included in the precedents. If the total legal costs in a matter (excluding GST and disbursements) are not likely to exceed $3,000 (the higher threshold), a practitioner may, instead of making a ... ”
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“ Knowing that clients are disinclined to read, sign and return cost agreements, the letter sending them usually provides that unless heard to the contrary the practitioner will assume agreement. There will almost always be a later opportunity to have the agreement signed. Of course, many ... ”
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“ Costs are remuneration for professional work when acting in the capacity of a barrister or solicitor. Payments to a practitioner for work which is not professional work, are not costs. Disbursements are payments made, or liabilities incurred in the course of practice and which the practitioner is ... ”
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“ Practitioners are required to provide an estimate of the total of costs, excluding GST and disbursements, and information on the impact of any significant change to these costs. A practitioner must take all reasonable steps to satisfy itself that the client has understood and consented to the ... ”
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“ What is a disbursement Disbursements are payments made, or liabilities incurred in the course of practice, and which the practitioner is bound to pay whether put in funds by the client or not; or payments which, by established custom and practice of the profession, the practitioner is bound to pay. ... ”
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“ A practitioner may request money on account of fees be paid into a trust account before the work begins. This is particularly so in criminal and other court matters where the inclination to pay may wane with an unwanted outcome. Experience confirms that if a client is reluctant to pay such ... ”
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“ The costs agreement will set out the billing cycle. Commonly a regular monthly billing cycle is adopted covering work undertaken during the previous month, or when the WIP reaches a specified amount, whichever is the earlier. ”
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“ A lump sum invoice is one which sets out a recital describing the legal service provided and a total amount. An itemised invoice is one which sets out in detail each of the legal services provided, the date they were provided, and the cost for each service. An itemised invoice allows for an invoice ... ”
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“ A practitioner cannot charge for the time spent in preparing an invoice. A practitioner cannot charge for the time spent in preparing an itemised invoice for a client who has already received a lump sum invoice. ”
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“ All bills should be accompanied by a written statement setting out the avenues that are open to the client in the event of a dispute and any time limits that apply to the taking of such action. Under the uniform law in New South Wales and Victoria each bill or covering letter must be signed by a ... ”
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“ – When to charge and how to charge Goods and Services Tax (GST) is a broad-based tax of 10% applied to most goods and services, including legal services. Businesses are required to register for GST if their turnover exceeds the $75,000 threshold. If turnover is less than $75,000, registration is ... ”
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“ Reducing fees can create goodwill but needs to be handled with care as some clients may take offence to the implication that they cannot afford to pay for the work they have retained. Similarly, it may create an expectation that any future costs will be discounted. It is also a hard-won reality ... ”
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“ Credit terms are quite common and need to be clearly documented and administered. ”
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“ Notification of rights is a requirement in all states and is found in all example invoice precedents. If the client has not been advised of their rights in a costs agreement, practitioners must advise the client of their rights at the time of issuing the invoice. ”
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“ Monthly accounting for work in progress is recommended in order to achieve target lockup days. If debtors are not followed up promptly cash flow reduces making it imperative to adopt a debtor’s policy for effective debtor control. All overdue accounts must be followed up promptly and repeatedly. ”
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“ When a retainer is terminated before completion, a practitioner may claim costs for the work done to the date of termination on a quantum meruit basis if: The client terminates the entire retainer; ”
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“ When there are costs owing to the practitioner from the client, the lawyer may retain possession of the client’s documents which are legitimately in the practitioner’s possession. However, the Australian Solicitors’ Rules specify that when a practitioner claims to exercise a lien for unpaid legal ... ”
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“ If a practitioner has an equitable charge over the client’s property incorporated into the costs agreement, ordinarily the practitioner could exercise that power in seeking payment of costs. However, general charges such as a charge over ‘all my estate, rights, title and interest in and to any real ... ”
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“ Sound financial management is absolutely critical to the success of a law practice. There is a high correlation between practices with poor financial management and increased probability of experiencing professional negligence claims. The link is clear. Principals, who do not manage their ... ”
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“ Methods of payment include: Credit card; ”
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“ All By Lawyers cost agreements include the following authority to transfer money to pay their invoices: Trust money ”
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“ Lawcover recommends that practitioners use the costs assessment scheme to recover costs. Instituting proceedings against a disgruntled client who refuses to pay an outstanding bill exposes practitioners to the risk of a cross-claim in negligence being filed. The advantage of the cost assessment ... ”
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“ The following outline of costs assessment was written for NSW but the procedure is similar in the other states. This publication will be expanded to cover cost assessment in the other states in due course. In the interim refer to the relevant State Supreme Court. NSW Procedure ”
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“ A client may be entitled to complain to the Legal Services Commissioner about a costs dispute. If the complaint is made after the law practice or client has already applied for assessment of such costs, the assessment will ordinarily be stayed until the complaint has been determined. Similarly, if ... ”
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“ Judicial College of Victoria – Resources Sentencing Advisory Council – Snapshots by Offence ”
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“ Magistrates’ Court Civil County Court Civil ”
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“ Overview The Criminal Procedure Act 2009 and the Magistrates' Court Criminal Procedure Rules 2019 provide the framework for the way in which all criminal matters are dealt with in the Magistrates' Court. ”
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“ In a criminal case the first contact with the client might be at the police station, after they have been taken into custody and are perhaps hoping to be released on bail, or at the office, after they have been released on bail, after they have received a court attendance notice, or sometimes ... ”
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“ Taking good instructions The use of precedent Retainer Instructions ensures that all important issues are considered, instructions which cannot be contradicted later are recorded, costs discussed and the scope of the retainer clearly defined. ”
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“ See below for First contact - In the office. Arrest ”
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“ If attending the police station present at the front counter and identify as a legal practitioner – a Law Institute of Victoria photo ID card is ideal, but a business card will usually suffice. Give the name of the client who is in custody and ask to see them. Expect to wait, but don’t let it be ... ”
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“ Some practitioners strongly believe that it is best not to get instructions on the allegations before the police case against an accused is known. This is a useful rule of thumb because the client has the right to silence and no adverse inference can be drawn from the exercise of that right. ... ”
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“ Overview of bail The Bail Act 1977 applies and generally provides for an entitlement to bail unless the accused represents an ‘unacceptable risk’. However, the Act also sets out certain circumstances and offences where the presumption of bail is reversed. An applicant for bail in those ... ”
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“ A person accused of an offence being held in custody is entitled to be granted bail unless the bail decision maker is required to refuse bail under the Act. The decision-making process to be followed is different depending on whether the alleged offence is a Schedule 1 or a Schedule 2 offence, or ... ”
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“ Obtain full instructions on a bail application. Be prepared to answer questions from the bench as to the client’s: residential address; ”
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“ In almost every metropolitan and most country Magistrates' Courts, there is a court sponsored Court Integrated Services Program (CISP) to assist people seeking bail. In addition, there is the CISP Remand Outreach Program (CROP) which extended the CISP program by placing assessment officers into ... ”
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“ The procedure to be followed in any application for bail is set out in s 8 of the Bail Act 1977. Arrange for the matter to be listed by sending a notice of application for bail to the informant and to the court and arrange with the registrar for a jail order to be issued for the client’s attendance. ”
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“ Consider whether any of the following possible submissions apply to the case against the accused – and this is not an exhaustive list: The offences are not of a serious nature or are not a serious example of this offence. ”
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“ It is important to take sufficiently detailed instructions from the client. Taking full instructions on the simplest plea should rarely take less than half an hour. The same applies to bail applications. If there is no time to take proper instructions at the first interview, make another ... ”
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“ Criminal matters should always be the subject of formal engagement and the client should be required to enter into a costs agreement, like any other matter. Many practitioners charge a flat fee for pleas of guilty in criminal matters; however, this does not mean that a formal costs agreement is not ... ”
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“ Summons or warrant Once charge-sheets have been filed with the registrar of the court, the court may issue either a summons for the person to appear or, if satisfied by sworn evidence from the informant that the person is likely to not answer a summons or will or has absconded or avoided service, a ... ”
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“ If the client has been summonsed or remanded to appear at a mention hearing, this means that their case is in the summary stream. Police prosecutors prosecute all Victoria Police matters in the summary stream. Other agencies prosecute their own matters in the summary stream – this includes the ... ”
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“ If the charge-sheet contains indictable offences which are not triable summarily, or the prosecution has elected to have indictable offences triable summarily heard in the indictable stream, they ultimately have to be dealt with either by a trial or a plea of guilty in either the Supreme Court or ... ”
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“ After the first conference with the client, request the brief of evidence from the police informant if the client does not already have it. Pursuant to s 39 of the Criminal Procedure Act 2009, this request must be by written notice. It is good practice to include in this written request everything ... ”
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“ Sections 50 & 51 set out disclosure obligations of the accused with respect to expert and alibi witnesses. Where the client wishes to rely on expert evidence, or alibi witnesses, they must be disclosed to the prosecution in advance. ”
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“ The first thing to do is analyse the charge to ascertain exactly what the prosecution has to prove. Then go on to analyse the brief of evidence against each element of the offence which has to be proven beyond reasonable doubt by the prosecution. During this, be alert for any prosecution evidence ... ”
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“ Just because there will be a plea of guilty does not mean that the client must plead to all of the charges put forward by the police or on the basis of the allegations set out in the Summary. Often a client will be charged with multiple offences laid in the alternative and covering the same ... ”
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“ During negotiations, make sure to address the summary of facts which will ultimately be read out to the magistrate as well as the actual charges. Look at the summary in the brief and identify what you might want removed, including: all irrelevant material, including material that might support ... ”
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“ Notice to appear A notice to appear directs the accused to attend the Magistrates' Court on a specified date, not less than 28 days after serving of the notice. It must contain the name and contact details of the person serving the notice, the full name and address of the person receiving the notice ”
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“ Either the defence or the prosecution can ask a magistrate for a sentencing indication at any stage of a matter: s 60 and s 61 Criminal Procedure Act 2009. A contest mention is the most common time to seek an indication. ”
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“ If the client is a firsttime offender and the offence is a relatively minor one, consider whether they are eligible for diversion: see s 59 Criminal Procedure Act 2009. Diversion is a way in which a person may acknowledge their responsibility for an offence but be dealt with outside the formal ... ”
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“ An early plea of guilty is a very important mitigating factor on a criminal charge. Section 5(2)(e) of the Sentencing Act 1991 provides that when passing sentence the court must take into account the fact that the offender pleaded guilty and the stage of proceedings when the offender pleaded guilty ... ”
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“ It is rare in the Magistrates' Court that oral evidence is given on a plea. The practice is that the vast majority of pleas are conducted from the bar table with the legal representative of the client making submissions. Often the representative will indicate that their client’s parent or spouse is ... ”
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“ If the prosecution provides a victim impact statement completed by the complainant in the matter, show it to the client so the court can be told that the client is aware of it. While the victim’s impact statement should be read and acknowledged, when making submissions to the court on sentence it ... ”
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“ Having time spent in custody declared as time served is of course important to the client. Custody records are very difficult to decipher. A number of date calculators are available on the internet, for instance the Australian Taxation Office Calculate days calculator, but it will only take a ... ”
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“ References must be specific to the offence. Provide the Enclosure - Court Reference Information Sheet to the client to give to their referees. A good character reference will contain at least the following 5 matters: ”
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“ A willingness to make restitution to the victim of an offence is an indication of the client’s contrition and remorse. Address this issue with the client before the plea hearing. In the event of the offence having caused some injury, loss or damage, ensure that the issue of restitution has been ... ”
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“ An important issue relevant to sentence is the client’s prospects of rehabilitation. If there are medical issues relevant to the client’s offending behaviour, obtain a report from the client’s GP and any attending specialist, subject of course to the client’s ability to pay for such reports. A ... ”
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“ Consider, prior to going to court, whether the magistrate is likely to require a pre-sentence report (PSR) or a court ordered psychiatric assessment. If it is likely and an adjournment for a full background report will therefore be required, alert the client to this likelihood and make sure to have ... ”
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“ When conducting a plea before the Magistrates' Court be concise. Most courts are very busy, especially on Mondays. Do not waffle or waste time as it will only irritate the magistrate and an irritated magistrate isn’t necessarily going to be converted to the client’s cause or sympathetic to ... ”
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“ It is sometimes appropriate to do written submissions on sentence, particularly in the higher courts but also, for particular cases, in the Magistrates' Court. For some types of offences such as possession of child pornography or indecent exposure, discussion of the offending behaviour, the ... ”
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“ The procedure in the conduct of a plea is normally as follows: Arrive at court well before the listed hearing time and check the list to find out which court room the matter is listed in. If the client is in custody, check whether they have arrived and if so go down to the cells to see them. ... ”
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“ A full proof of evidence – a statement – should be obtained from the client in regard to what evidence he or she proposes to give, if any. A proof of evidence should also be obtained from all witnesses the defence intends to call. ”
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“ If intending to call witnesses other than the client, take a statement of their evidence and issue witness summonses to them, to ensure their attendance at court. A summons to attend court must be served a reasonable time before the hearing date: s 43 Magistrates’ Court Act 1989. ”
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“ If intending to issue any summons for documents or things, this must be done before the hearing date – be ready to identify what summonses will be issued at the contest mention hearing if asked. All summonses issued by the court must be returnable at a special mention prior to the next listed ... ”
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“ It is very uncommon for opening addresses to be given in summary hearings, indeed leave of the court is required to do so: s 59. If any openings are given, they are usually restricted to the prosecutor briefly outlining the nature of the allegations and the defence indicating what is at issue and ... ”
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“ A ‘no case to answer’ submission at the close of the prosecution case is a question of law. An example where it may arise is where the prosecutor has not adduced any evidence about one of the elements of the offence. When the magistrate is considering the question of whether there is a ‘no case to ... ”
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“ See ss 66 to 71 of the Criminal Procedure Act 2009. After the close of the Crown case and any ‘no case to answer’ submissions, the accused can then call evidence. With leave of the court the accused or his representative may make an opening statement, although it is unlikely that this will occur. ”
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“ At the outset it should be said that costs orders against the prosecution have notoriously been hard to get. Section 401 of the Criminal Procedure Act 2009 gives a magistrate complete discretion as to the awarding of costs. Subsection (2) provides that the court 'may take into account any ... ”
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“ For matters proceeding in the indictable stream, the matter is first listed for a filing hearing. If the client has been arrested and either remanded in custody or granted bail, the filing hearing must be held within 7 days after the charge-sheet is filed; or if the client has been charged on ... ”
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“ A hand-up brief must contain: a notice in prescribed form containing certain information including the date of the committal mention hearing; ”
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“ The committal mention is an opportunity to: negotiate further with the prosecution; ”
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“ See Part 4.7 of the Criminal Procedure Act 2009. It is very unusual for an accused person to be discharged at committal. Unless the prosecution case is fatally flawed, this should not be the intention and the client should not be advised that discharge is likely. Rather, the committal hearing is an ... ”
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“ The Sentencing Act 1991 (the Act) contains the sentencing options for adults in all courts for state offences. Federal offences carry their own sentencing provisions which are addressed in the Commonwealth Offences guide. See also Part 1B Crimes Act 1914 (Cth) - the sentencing options are set out ... ”
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“ The purposes of sentencing are set out in s 5 of the Act. These purposes provide the framework for submissions on a plea – everything put to the magistrate should be directed to one or more of the following: just punishment; ”
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“ Section 5 sets out the matters which a court is to consider when imposing sentence, which are of course the matters which should be addressed on a plea: maximum penalty; ”
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“ Deferral of sentencing If the client pleads guilty and the court is of the opinion that sentencing should, in the interests of the client, be deferred – and the client agrees – the magistrate may defer sentencing for up to 12 months. It is usual to seek a deferral if the client has commenced a ... ”
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“ See Division 2 Custodial orders of Part 3 Sentences for offences that attract mandatory custodial sentences and the requirements for non-parole periods and concurrent or cumulative sentencing. A court must not impose any sentence that involves confinement of the person unless it considers that the ... ”
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“ The role of a defence lawyer does not end after making submissions on sentence, nor when the bench passes sentence. Explain the outcome to the client. Go through the decision, the sentencing outcome and the implications. If the client has been placed on an adjourned undertaking or a community ... ”
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“ An accused has the right of appeal to the County Court from the Magistrates' Court, against conviction or sentence: s 254 Criminal Procedure Act 2009. See Order 3 of the County Court Criminal Procedure Rules 2019. A notice of appeal must be filed with the registrar of the Magistrates' Court within ... ”
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