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Clause 181

sets out the powers of the court at a directions hearing. Subclause (1) gives a broad power for the court to make or vary any direction or order necessary for the fair and efficient conduct of the proceeding. Without limiting the generality of subclause (1), subclause (2) sets out specific orders that the court may make at directions hearings. These include powers at directions hearings currently in section 5 of the Crimes (Criminal Trials) Act 1999 but also adds powers to ensure that the court can manage and decide important issues pre-trial. The powers at a directions hearing include the power to—
require the parties to notify any pre-trial issues that they intend to raise or any orders under clause 199(1) that they intend to seek;
set a timetable for the hearing of pre-trial issues and orders;
determine any objection relating to the disclosure of information or material by the prosecution; and
determine an application for a sentence indication.
Subclause (3) confirms that at a directions hearing, the court can also make any order and other decision that can be made pre-trial. Clause 199(1) sets out which orders and other decisions can be made pre-trial. Division 2—Pre-trial disclosure