Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - SCHEDULE 2

Schedule 2

rule 81A.16

1.     Has an indictment been signed and served upon the accused?

2.     Are further particulars of the indictment likely to be sought by the accused?

3.     Does the accused person presently intend to plead guilty or not guilty to a specified count on the indictment?

4.     Is there to be an application to sever the indictment and, if so, what parts of the indictment are to be severed?

5.     Is a specified accused likely to make an application for a separate trial?

6.     Is there a possibility of a change of plea?

7.     Has there been a conference between counsel for the Director and counsel for the accused? If not, is such a conference proposed?

8.     Does the prosecution propose to call additional evidence?

9.     Has the prosecution notified the accused or his or her legal representative of additional evidence and, if it intends to do so, when is it proposed to furnish a proof of evidence?

10.     What is the probable length of trial?

        (a)     the prosecution's estimate?

        (b)     the accused's estimate?

11.     Is a point of law or of admissibility of evidence likely to be raised before a jury is empanelled? If yes, what are those matters and what is the likely duration of these matters?

12.     Does the accused or the prosecution intend to raise a special issue? e.g. unfitness to be tried, change of venue, mental impairment.

13.     Does the accused intend to raise a special plea? e.g. lack of jurisdiction, autrefois convict, autrefois acquit.

14.     Does the accused intend to rely on an alibi not yet disclosed in conformity with the Criminal Code?

15.     Do the parties anticipate a problem in relation to the availability of witnesses? If yes, give details.

16.     What admissions of fact are sought by the prosecution? Is the accused prepared to make any of the admissions sought?

17.     What admissions of fact are sought by the accused? Is the prosecution prepared to make any of the admissions sought?

18.     Are there any difficulties relating to photographs or plans and formal proof of them?

19.     Is an order sought for the inspection of prosecution exhibits or other evidentiary material in the possession of the prosecution as to which a question may arise in the course of the trial?

20.     Is an order sought for the discovery, inspection, preservation or detention of a document or thing relating to the trial?

21.     Is an order sought for the production before the Court of a document, tape recording or thing relating to the trial?

22.     Does a party propose to deliver to the other party a notice to admit in respect of anything not covered by the answers to question No. 16 or 17?

23.     What arrangements have been made for the accused or his or her legal representative to view a video recording or to hear a tape recording in the custody of the prosecution and to be provided with a copy and a transcript of it?

24.     Does a party intend to apply for a view and, if so, where and at what stage of the trial?

25.     Have the parties agreed that copies of exhibits or of preliminary exhibits are to be supplied to the jury?

26.     Will an interpreter be required during the trial? If so, what language is to be interpreted? Has the name of the interpreter and his or her qualifications been provided to the other party?

27.     Is it proposed that a witness be declared a vulnerable witness? If so, what orders are proposed under s 21A of the Evidence Act 1939 ?

28.     Is it proposed that a witness give evidence by videoconferencing link?

29.     Is it proposed to call as a witness a person who wishes to take an oath under section 10 of the Oaths, Affidavits and Declarations Act 2010 ? If so, what form of oath is required and how is it to be administered?

30.     Is it proposed to call as a witness a person to whom section 26 of the Oaths, Affidavits and Declarations Act 2010 will apply? If so, has the identity of this witness been disclosed to the other party?

31.     Does the prosecution intend to elect under section 21B(2)(a) of the Evidence Act 1939 for evidence in chief of a witness to be pre-recorded and given by video tape or other audio-visual means?

32.     Does the prosecution intend to elect under section 21B(2)(b) of the Evidence Act 1939 for the whole of the evidence of a witness to be given by video tape or other audio-visual means at a special hearing of the Court in accordance with section 21B(4)(a) of that Act?

33.     Does the prosecution intend to apply to the Court to admit evidence of a statement to another person as evidence of the facts in issue under section 26E(1) of the Evidence Act 1939 ?

34.     Are there any other significant matters that might affect the proper and convenient trial of the issues?



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