New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 140

140 Pre-trial conferences

(1) At the first mention of proceedings in the court before which the trial is proposed to be heard or at any other time, the court may order that a pre-trial conference is to be held so long as the time appointed for any such conference occurs after the indictment has been presented or filed.

(2) The court may order the holding of a pre-trial conference under this section on application of any party or on the court's own initiative.

(3) The court may make such an order only if the accused person will be represented by an Australian legal practitioner at the pre-trial conference.

(4) The purposes of the pre-trial conference are as follows--

(a) to determine whether the accused person and the prosecutor are able to reach agreement regarding the evidence to be admitted at the trial,

(b) to identify the key issues in dispute between the accused person and the prosecutor at the trial, if any,

(c) to identify any other issues relating to the proceedings against the accused person that require resolution prior to the commencement of the trial,

(d) to identify or determine any other matter as directed by the court.

(5) The following persons must be present during the pre-trial conference--

(a) the prosecutor,

(b) the Australian legal practitioner representing the accused person.

(6) If the accused person has been charged jointly with any other person with the offence concerned, a joint pre-trial conference may be held in respect of two or more co-accused, but only with the consent of the prosecution and each of the co-accused concerned.

(7) A requirement under this section that a person be present for the purposes of a pre-trial conference is taken to be satisfied if the person is present or available by way of an audio visual link or telephone.

(8) Within 7 days after the holding of a pre-trial conference--

(a) the prosecutor and the Australian legal practitioner who represented the accused person at the pre-trial conference must complete a pre-trial conference form, and

(b) the prosecutor must file the pre-trial conference form with the court.

(9) The pre-trial conference form--

(a) is to indicate the areas of agreement and disagreement between the accused person and the prosecutor regarding the evidence to be admitted at the trial, and

(b) is to be signed by the prosecutor and the Australian legal practitioner representing the accused person.

(10) Except with the leave of the court, a party to proceedings may not object to the admission of any evidence at trial if the pre-trial conference form indicates that the parties have agreed that the evidence is not in dispute.

(11) Leave is not to be granted under subsection (10) unless the court is of the opinion that it would be contrary to the interests of justice to refuse leave.