This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
provides for a summary case conference between the prosecution and the accused. The conference is intended to be a flexible, out of court, case management tool designed to encourage discussion between the parties at an early stage in a summary proceeding. An express purpose of the conference is to allow the accused to identify material that may be useful in resolving the case (for example the statement of a key witness or a copy of an interview with the accused), and for the prosecution to provide such material. In order to promote open discussion between the prosecution and the accused, subclause (7) provides that anything that is said or done in the conference and any document prepared solely for the conference is not admissible as evidence in any proceeding unless both parties agree. The clause also sets out that a conference must be held when a notice to appear has been served and the informant has filed a charge-sheet in court. In this case, if a preliminary brief has been served in accordance with clause 24, a summary case conference must be held if—
a case is set down for a contest mention hearing or, if no contest mention hearing is held, a summary hearing; or
the accused makes a request for a full brief.
The Magistrates' Court can also direct the parties to attend a summary case conference. If an accused is unrepresented, a summary case conference may only be held if the court is satisfied that the conference is appropriate, having regard to whether the accused has had a reasonable opportunity to obtain legal advice. In any other summary proceeding (i.e. where a notice to appear has not been served) a conference may be held but it is not required under the Bill. A conference may also be held at any other time, other than when required under the Bill, if the parties agree.