A case conference is a formal in-court hearing, presided over by a judge, aimed at assisting parties to resolve the case or reach a clearer understanding of the issues in dispute. During the hearing, the judge will engage in in-depth discussions with both the prosecution and the defence regarding:
- The state of the evidence: The judge will review the strength of the evidence, including any discrepancies or areas of agreement that could influence the outcome of the case.
- The factual issues in dispute: The judge will seek to clarify the factual disputes between the parties, examining the details and contexts that are contested and determining how these will affect the overall case.
- The legal issues: The judge will also focus on the legal questions raised by the case.
A key aspect of the case conference is that it allows for an open and candid exchange between the parties. Any failure by a party to respond to a question or offer an explanation during the case conference will not be admissible at trial. In addition, any written materials filed specifically for the case conference are not intended to be relied upon in the trial itself. This “without prejudice” rule encourages both parties to discuss matters freely and without the fear that anything they say will later be used against them in court.
The presiding judge will take the opportunity to assess the strengths and weaknesses of each party’s position based on the discussions. The judge’s input can assist the parties to determine whether the case can be resolved prior to proceeding to trial.
Filing and Service Requirements
Before the case conference hearing, certain materials must be filed and served on the other party, unless the Court directs otherwise:
Prosecution Filing Requirements:
- Depositions: A record of witness statements and evidence gathered by the prosecution.
- Trial Indictment: A formal document outlining the charges being brought against the accused.
- Summary of Prosecution’s Opening for Trial: A brief summary of the prosecution’s case.
- Written Submissions Relevant to the Case Conference: Any legal arguments or points that the prosecution wishes to raise during the case conference.
- Relevant Notices under the Evidence Act 2008 and/or the Jury Directions Act 2015 (if applicable):
Defence Filing Requirements:
- Written Submissions Relevant to the Case Conference: The defence must file written responses addressing the prosecution’s case, as well as any legal arguments or issues they wish to raise during the case conference.
The Court can also issue orders for the filing and service of other materials or specific documents deemed necessary for the case conference hearing.
The Court will communicate the specific timelines for the filing of materials, and parties must adhere to these deadlines to ensure the smooth progression of the case.
Role of Counsel
Counsel attending the case conference will engage in detailed discussions about the disputed issues, which include the evidence presented in the depositions, witness statements, and any other relevant material. The prosecution holds the responsibility of outlining the factual basis of the charges, presenting the evidence they believe supports those charges, and detailing any relevant legal matters. The defence is then required to respond, providing an outline of their case, including counterarguments and points of dispute with the prosecution’s case.
Counsel attending the case conference will be thoroughly briefed and prepared to represent the parties at trial, should the case not be resolved during the conference.
Scheduling of Future Hearings
If, during the case conference, the defence decides that it is in the best interest of the accused to enter a guilty plea, and the accused so instructs, the Court will schedule a date for a plea hearing.
In cases where a resolution is not reached, the Court will set down future Mention, Directions Hearings and Trial dates as required.
Timing and Attendance
Case conferences in the County Court are typically brief, lasting no more than one hour. They are generally listed in the early morning, 9:00 AM or 9:30 AM, and are often scheduled outside of normal sitting hours to ensure efficiency and avoid delays in the court schedule.
The accused is required to attend the case conference in person unless the Court orders otherwise. This ensures that the accused has the opportunity to participate in the discussions and provide any necessary input regarding their case.
