New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 247H

247H Preliminary conferences

(1) At the first mention of proceedings or at any other time, the court may order that a preliminary conference is to be held so long as the time appointed for any such conference occurs after the proceedings have commenced.

(2) The court may order the holding of a preliminary 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 defendant will be represented by an Australian legal practitioner at the preliminary conference.

(4) The purpose of the preliminary conference is to determine whether the defendant and the prosecutor are able to reach agreement regarding the evidence to be admitted at the trial or sentencing hearing.

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

(a) the prosecutor,

(b) the Australian legal practitioner representing the defendant.

(6) A joint preliminary conference may be held in respect of 2 or more co-defendants, but only if--

(a) in the case of a preliminary conference held before trial--the prosecution and each of the co-defendants concerned consent to the joint preliminary conference, or

(b) in the case of a preliminary conference held before sentencing--

(i) the defendant and each co-defendant have pleaded guilty to the offence or have been found guilty of the offence by the court, and

(ii) the prosecution and each of the co-defendants concerned consent to the joint preliminary conference.

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

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

(a) the prosecutor and the Australian legal practitioner who represented the defendant at the preliminary conference must complete a preliminary conference form, and

(b) the prosecutor must file the preliminary conference form with the court.

(9) The preliminary conference form--

(a) is to indicate the areas of agreement and disagreement between the defendant and the prosecutor regarding the evidence to be admitted at the trial or sentencing hearing, and

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

(10) Except with the leave of the court, a party to proceedings may not object to the admission of any evidence at the hearing of the proceedings if the preliminary 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.