Communtity Law Manual | Criminal Courts | Jury trial callovers

The lead-up to the trial: Pre-trial processes

Jury trial callovers

Criminal Procedure Act 2011, Part 3, subpart 8

If you have chosen to be tried by a judge and jury, after the case review the charge is put off to a “jury trial callover” – a pre-trial appearance before a judge to deal with procedural issues and make sure the case is ready to proceed to trial.

Date of callover

Criminal Procedure Rules 2012, rule 4.3

The callover must be held not more than 40 working days after the case was adjourned for the callover.

Notification to defendant of prosecution witnesses

Criminal Procedure Act 2011, ss 82, 92-93

Before the callover, the prosecutor must file formal statements from all potential witnesses who are to be called at the trial. Either side can apply to the court for an order permitting them to orally question a potential witness. However, there are special considerations relating to complainants in sexual matters.

Memorandum to be filed before callover

Criminal Procedure Act 2011, ss 87, 88; Criminal Procedure Rules 2012, rule 5.6

Before the jury trial callover, the prosecution and the defendant (if the defendant has a lawyer) must each separately file another memorandum, called a “trial callover memorandum”. The prosecution's trial callover memorandum must be filed at least 15 working days before the callover date; the defendant's memorandum must be filed at least five working days before the callover.

The memorandums must include, for example:

  • notice of any pre-trial applications that will be made
  • how many witnesses each side intends to call and how long it will take to present their case.

Once any issues have been resolved, a date will be set for the trial.

Next Section | The trial
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