Summary Offences:

Generally, less serious offences (summary matters) will be heard in the Magistrates’ Court.  The usual court process for summary matters is as follows:

  •     Mention date (first court date)
  •     Case conference
  •     Contest mention
  •     Contest

If you intend to plead guilty, a plea hearing can be conducted at any stage of the proceedings.  Generally speaking, if a plea of guilty is entered sooner rather than later, it is usually taken into consideration favourably upon sentencing.

If you are in custody pending the hearing of your case (on remand), a bail application can be listed for hearing at any of the above hearings, or alternatively, it can be listed on another date.

 

 

Indictable Offences:

If you have been charged with more serious offences (indictable matters), generally, the process will be as follows:

Stage One:  Magistrates’ Court

  • Filing hearing (and possibly remand/bail application)

 

  • Committal Mention Hearing and/or Committal Case Conference

 

  •  Committal Hearing: at this hearing the case will either be discharged or you will be committed to stand trial or for a plea either in the County Court or the Supreme Court (depending on the charges)

Stage Two:  County or Supreme Court (depending on charges)

  •     Directions Hearing (there may be a number of these)
  •     Trial or Plea Hearing

If you are in custody pending the hearing of your case (on remand), a bail application can be listed in court for hearing at any of the above hearings, or alternatively, it can be listed on another date.

For further information or legal advice, contact our legal team at Ondrik Larsen Lawyers today.