Filing Hearing / Bail Application
- Dates set for service of brief of evidence and for committal mention.
- Discussions with the prosecution.
- First opportunity to make a bail application or bail variation.
Committal Mention / Committal Case Conference
- Negotiations take place with police prosecutors and informants about the disputed aspects of a matter.
- This might result in a plea to only some of the charges or amendments to the facts alleged as part of the case.
- Further information or evidence can be requested.
- For a guilty plea, a date will be obtained in the relevant Court.
- Sometimes leave is sought from the Court to cross-examine relevant witnesses to establish the facts of the plea of guilty.
- This stage could involve a sentence indication.
- The prosecution present their case.
- Plea in mitigation. Personal history and the circumstances of the offence are presented.
- Submissions are made about legal issues, sentencing considerations and appropriate sentence.
- The Judge may sentence on this date or adjourn for sentencing.
- Often, sentencing will take place on a different date. The Judge wants to consider the information and will often write a long judgement.
- Sometimes the Judge will ask for further submissions on the sentencing date.
- The Judge will make sentencing remarks and deliver a sentence.
If you have are due to appear in court for either a criminal or driving offence it is important to seek advice from a lawyer who specialises in this area.
Call us on 1300 331 331 or book an appointment to see one of our lawyers.