The instruction to the Magistrate at all times will be that the matter is proceeding by way of a not guilty plea.Ī further case conference might be necessary for police to consider their position or simply to allow time for further materials to be provided to defence. Whether the matter proceeds to a contest mention or a further case conference is an important consideration and really depends on the type of matter. A contest mention will have a prosecutor assigned and will usually entail more robust discussions between the defence and the prosecution.įrom a contest mention the matter will proceed to a further contest mention if necessary or to a contested hearing were the matter will be determined and a not guilty plea formally entered. If the defence and prosecution cannot agree, the matter will either proceed to a further case conference, a contest mention or a contested hearing. Defence can encourage the prosecution to withdraw the charges. The first preliminary court hearing is called a case conference.Ī case conference can occur at the first court listing or following a number of adjournments but it must occur before the matter can be advanced.Īt a case conference negotiations begin between the defence and the prosecution. Step 2: Case conference or contest mentionįrom there we must attend court. If your instructions are that you are pleading not guilty we can then consider the likelihood that we will be able to successfully defend your case and advise you of the same. Once we have received the police brief of evidence we look through it to see if anything is missing.įollowing receipt of all the evidence we then take instructions from you, the client. In the summary jurisdiction the brief of evidence is called the police brief. As lawyers we routinely obtain evidence from the police. Before attending court the first step is to obtain the evidence.
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