Understanding the Summary Case Conference: A Guide for Accused Persons
As a criminal law firm in Melbourne, it's important for us at Dhillon Legal to stay up-to-date with the latest legal procedures and processes. One such process that we frequently encounter is the summary case conference. In this blog post, we'll explain what a summary case conference is, its purpose, and how it can benefit you.
What is a summary case conference?
A summary case conference is a discussion between the prosecution and the accused regarding pre-trial disclosure, the issues in dispute, and the prospects of resolving the charges.
It can be conducted in any manner, including in person, over the phone, or by other means of communication.
Purpose of a summary case conference:
To manage the progression of the case, including identifying and providing to the accused any information, document, or thing in the possession of the prosecution that may assist the accused to understand the evidence available to the prosecution.
To identify any issues in dispute.
To identify the steps required to advance the case.
To achieve any other purpose prescribed by the rules of court.
Benefits of a summary case conference:
Targeted disclosure: One of the expected benefits of the summary case conference is that following a request by the defence, the prosecution will provide a copy of specific relevant witness statements or test results. These will reveal the strength or weakness of the prosecution’s case. In suitable cases, this targeted disclosure may be a more efficient use of police resources than preparing a full brief.
Efficient use of resources: In some cases, a summary case conference may be more efficient than preparing a full brief. This can save time and resources for both the prosecution and defence.
Open discussion: Evidence of anything said or done in the course of a case conference is not admissible in any later proceeding or judicial inquiry. Documents prepared solely for the purpose of the conference are similarly inadmissible. These restrictions on admissibility are designed to promote open discussion of the case between the parties.
When is a summary case conference required?
If a preliminary brief was served on the accused within 21 days of filing the charge-sheet, a summary case conference must be held before the charge is set down for a contest mention hearing or a summary hearing or a request for a full brief is made under s39(1).
The parties may agree to hold a summary case conference even if the police did not issue a notice to appear.
Who can attend a summary case conference?
A magistrate or a registrar may direct the parties to attend a summary case conference, regardless of whether a Notice to Appear is issued, where Victoria Police provides a Summary Case Conference Service and a preliminary brief or a full brief has been served on the accused (or their legal representative) before the case is listed for contest mention or summary hearing.
If the accused is not legally represented, the court as constituted by a magistrate, registrar, or judicial registrar may dispense with the need for a summary case conference.
In conclusion, a summary case conference is an important legal process that can benefit both the prosecution and defence. By understanding what it is, its purpose, and when it is required, you can be better prepared for your criminal case. If you require legal advice regarding a criminal matter, please don't hesitate to contact Dhillon Legal, a leading criminal law firm in Melbourne
