What is a directions hearing?
After a contested committal in the Magistrates’ Court, matters are generally committed for trial and uplifted to the County or Supreme Court. Once uplifted, the next court date will be a directions hearing. This is the first stage in the trial process and is primarily aimed at case management. It is a brief appearance before a judicial officer of the County or Supreme Court to determine the future direction of a matter.
What happens before a directions hearing?
Prior to a directions hearing, lawyers file documents with the court on your behalf. Where possible, negotiations will also continue to be had between defence and prosecutions in an attempt to resolve the matter if possible.
Will I have to attend in person?
Most directions hearings are now heard virtually via Zoom. Prior to this process, all parties involved will receive a link to access the hearing. Most directions hearings start at 9:00am and it is important to join the link at least 10 minutes before in case of technological difficulties. To avoid difficulties, make sure that you have a computer or device with a working camera and microphone prior to the directions hearing. It is important to note that you will not be able to see yourself on screen until your matter is called.
If you do not have access to a computer at home, we can facilitate you appearing virtually at our offices.
What happens at the directions hearing?
First directions hearing
The first directions hearing is mainly aimed at case management. If there are any prospects for resolution, the matter will generally be adjourned to a further directions hearing so that further negotiations can occur between defence and prosecutions.
A judicial officer may determine that a matter should proceed through the direct to trial process after discussion with the parties at the initial directions hearing. A matter may proceed through the direct to trial process where the matter:
- is unlikely to resolve
- does not require any case management
Subsequent directions hearings
The Court may hold numerous directions hearings to manage the progress of the case before the commencement of the trial.
During this process, a judicial officer will provide case management directions to associated parties which may include:
- confirming the initial case management for a matter
- making orders with respect to filing of documents
- making orders with respect to pre-trial cross examination of witnesses
- addressing case management issues, including outstanding disclosure or non-compliance with Court directions and confirmation of funding status
- confirming trial readiness and listing a matter for trial
It is important to be aware that at a directions hearing (or other date), you may also be arraigned. This is when the charges are formally read out to you in the courtroom, and you are asked if you plead guilty or not guilty.
Final directions hearing
If the matter is unable to resolve, it will be set down for trial. A final directions hearing will generally be held around 2-4 months before the trial is set to begin. The aim of this is to determine whether the matter is ready to commence on the trial date.
A matter is considered ready for trial if:
- all prospects of resolution have been exhausted and the accused has instructed that the matter will proceed as a trial
- the following prosecution material has been filed and served:
- depositions
- trial indictment
- summary of prosecution opening for trial
- notice of pre-trial admissions
- all Evidence Act and/or Jury Directions Act notices to be relied upon
- all disclosure requirements have been complied with
- defence response has been filed and served
- pre-trial rulings that may resolve the matter or that have structural significance to the trial have been determined
- all remaining pre-trial issues have been sufficiently identified
- trial funding is in place.
If the matter is determined to be ready for trial, the trial date will be confirmed, and the matter will be adjourned to the trial date.
