The lead-up to the trial: Pre-trial processes
Jury trial callovers
Criminal Procedure Act 2011, Part 3, subpart 8
Jury trial callover
If you have chosen to be tried by a judge and jury, after the case review the charge will be 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 go 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 question a potential witness in person. However, there are special rules relating to complainants in sexual matters.
Trial Callover Memorandum
Criminal Procedure Act 2011, ss 87, 88; Criminal Procedure Rules 2012, rule 5.6
Before the jury trial callover, the prosecution and you or your lawyer must each separately file another document, called a “Trial Callover Memorandum”.
The prosecution’s Trial Callover Memorandum must be filed at least 3 weeks before the callover date; the defendant’s Memorandum must be filed at least five working days before the callover.
The Memorandums must include:
- any pre-trial matters that need to be decided before trial
- how many witnesses each side will have
- the estimated length of trial
- when the lawyers are available.
Trial Callover
At callover the judge and lawyers will discuss any pre-trial issues raised by the Trial Callover Memorandum. For example, it might be decided that a witness will give evidence by video because they are overseas at the time of the trial. Or some evidence might be excluded from being given to the court because it is not legally allowed to be presented. Once any issues have been resolved, a date will be set for the trial.
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