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Clause 181 Powers of court at directions hearing

(1)At a directions hearing, the court may make or vary any direction or order, or require a party to do anything that the court considers necessary, for the fair and efficient conduct of the proceeding.

(2)Without limiting subsection (1), the court may—

(a)require the accused to advise whether the accused is legally represented and has funding for continued legal representation up to and including the trial;

(b)without being limited by section 200, require the parties to notify the court of any pre-trial issues that the parties intend to raise or any orders under section 199(1) that the parties intend to seek;

(c)without being limited by section 200, set a timetable for the hearing of pre-trial issues or applications for orders under Division 3 or 4;

(d)in the case of a trial for a sexual offence in which the complainant was a child or a person with a cognitive impairment when the criminal proceeding was commenced, require the prosecutor to advise as to the availability of the complainant, and the accused to advise as to his or her own availability, for the special hearing to be held under section 41G of the Evidence Act 1958;

See section 5 as to the commencement of a criminal proceeding.

(e)require the parties to provide an estimate of the length of the trial;

(f)require the parties to advise as to the estimated number and the availability of witnesses (other than the accused) and any relevant requirements of witnesses and interpreters;

(g)order a party to make, file in court or serve (as the case requires) any written or oral material required by the court for the purposes of the proceeding;

(h)order the prosecution to file in court and serve on the accused a copy of any material on which the prosecution intends to rely at the trial;

(i)determine any objection relating to the disclosure of information or material by the prosecution;

(j)allow a party to amend a document that has been prepared by or on behalf of that party for the purposes of the proceeding;

(k)determine an application for a sentence indication.

(3)At a directions hearing, the court may make any order or other decision that can be made or decided before trial by or under this or any other Act.

Section 199(1) indicates the issues that may be decided before trial under this Act.