Text as at 1 July 2026

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201 Court may decide pre-trial issue without a hearing

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Explained inBill clause 201

(1)This section applies if the court is notified of an issue under section 200(1) at least 14 days before the day on which the trial of the accused is listed to commence.

S. 201(1) substituted by No. 11/2021 s. 45(1).

(1A)The court may decide the issue without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties—

S. 201(1A) inserted by No. 11/2021 s. 45(1).

(a)if the court is satisfied that it is in the interests of justice to do so; and

(b)whether or not the parties consent to the court doing so.

(1B)For the purposes of subsection (1A), in deciding whether it is in the interests of justice to decide the issue without an oral hearing, the court must have regard to—

S. 201(1B) inserted by No. 11/2021 s. 45(1).

(a)the right of an accused to a fair hearing; and

(b)the nature of the issue; and

(c)whether the accused or the offender (as the case requires) has had the opportunity to obtain legal advice; and

(d)whether the parties consent to the court doing so.

(2)If the court decides to decide the issue on the basis of written submissions, at least 10 days before the day on which the trial of the accused is listed to commence, the party who raised the issue must file in court and serve on all other parties a copy of that party's submission.

S. 201(2) amended by No. 11/2021 s. 45(2).

(3)Within 5 days after a party is served with a copy of a submission under subsection (2), that party must file in court and serve on all other parties a copy of a written submission in reply.

(4)Within 3 days after a party is served with a written submission in reply under subsection (3), that party must file in court and serve on all other parties a copy of a written submission in response to the reply.

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