Australian Capital Territory Numbered Regulations

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COURT PROCEDURES AMENDMENT RULES 2011 (NO 1) (NO 6 OF 2011) - REG 5

Rule 4735

substitute

4735     Supreme Court criminal proceedings—completion of pre-trial questionnaire

    (1)     After the pre-trial questionnaire is completed by the accused person or the person's solicitor, and filed in the court, the registrar—

        (a)     if the registrar considers that the matter may need to be listed for further case management before the registrar—must set a date for a directions hearing before the registrar, and tell the parties the date; or

        (b)     in any other case—may set a date for arraignment of the accused person before the court, and tell the parties the date.

    (2)     In considering whether a matter needs to be listed for further case management, the registrar—

        (a)     may ask the parties to give the court any further information about the matter the registrar considers necessary; and

        (b)     must have regard to the following:

              (i)     the parties' answers in the questionnaire;

              (ii)     any other documents filed in the proceeding;

              (iii)     any other information given by a party to the court.

4735A     Supreme Court criminal proceedings—registrar's directions hearing

    (1)     At a directions hearing under rule 4735, the registrar may—

        (a)     give directions about matters raised in the pre-trial questionnaire, including a direction that the matter be listed before a judge; and

        (b)     ask the parties about the length of the trial; and

        (c)     consider whether it is appropriate for the matter to be dealt with as a reserve trial and, if so, give appropriate directions; and

        (d)     set a date, at least 14 days after the date is set, for arraignment of the accused person before the court; and

        (e)     adjourn the directions hearing to another date.

    (2)     The registrar may refer a matter to a judge, if a party does not comply with directions made by the registrar or the court.



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