Text as at 1 July 2026

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54 Summary case conference

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Explained inBill clause 54

(1)A summary case conference is a conference between the prosecution and the accused for the purpose of managing the progression of the case including—

(a)identifying and providing to the accused any information, document or thing in the possession of the prosecution that may assist the accused to understand the evidence available to the prosecution; and

(b)identifying any issues in dispute; and

The presumption against criminal responsibility arises for an offence allegedly committed by a child when the person was 12 or 13 years of age.

Example to s. 54(1)(b) inserted by No. 32/2024 s. 817.

(c)identifying the steps required to advance the case; and

S. 54(7)(c) inserted by No. 22/2020 s. 12.

(d)any other purpose prescribed by the rules of court.

S. 54(7)(d) inserted by No. 22/2020 s. 12.

(2)If a preliminary brief is served within 21 days after the day on which the charge-sheet is filed, a summary case conference must be conducted before—

S. 54(2) amended by Nos 30/2010 s. 59(1), 48/2012 s. 12.

(a)the charge is set down for a contest mention hearing or a summary hearing; or

(b)a request for a full brief is made under section 39(1).

(3)The Magistrates' Court may direct the parties to attend a summary case conference.

(4)Nothing in this section prevents a summary case conference from being conducted at any other time, if the parties agree.

(5)If an accused is not legally represented, the Magistrates' Court may dispense with the requirement under subsection (2) to conduct a summary case conference.

S. 54(5) substituted by No. 30/2010 s. 59(2).

(6)A summary case conference must be conducted in accordance with the rules of court.

S. 54(6) substituted by No. 30/2010 s. 59(2).

(7)Evidence of—

S. 54(7) amended by No. 22/2020 s. 12.

(a)anything said or done in the course of a summary case conference; or

(b)any document prepared solely for the purposes of a summary case conference—

is not admissible in any proceeding before any court or tribunal or in any inquiry in which evidence is or may be given before any court or person acting judicially, unless—

(c)all parties to the summary case conference agree to the giving of the evidence; or

(d)the proceeding is a criminal proceeding for an offence alleged to have been committed during, or in connection with, the summary case conference.