Victorian Consolidated Regulations

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Case conference

    (1)     The Judicial Registrar-Criminal Division may conduct a case conference at any time before the trial.

    (2)     The purpose of the case conference is to assist in the fair and efficient conduct of the trial, including but not limited to, clearly identifying what is in dispute between the parties and ensuring the trial is ready to commence on the trial date listed.

    (3)     Not less than seven days before the date proposed for a case conference, written notice of the case conference is to be given to—

        (a)     the DPP;

        (b)     the accused (if unrepresented); and

        (c)     the accused's legal practitioner (if any).

    (4)     At a case conference—

        (a)     the DPP shall, subject only to any substantial consideration of the personal safety of witnesses—

              (i)     give notice of the name of any witness who may be called as a Crown witness upon the trial and whose name does not appear on the indictment as a witness or as an additional witness;

              (ii)     give notice of the substance of the evidence proposed to be adduced from each such witness (whether by way of provision of a copy of a statement made by the witness or otherwise);

              (iii)     provide to the Judicial Registrar-Criminal Division any information that the Judicial Registrar-Criminal Division may reasonably require as to the availability of each Crown witness; and

              (iv)     notify the Judicial Registrar-Criminal Division and the accused of the name of any potential Crown witness whose deposition the Crown proposes to apply to tender in evidence and the grounds of any such proposed application; and

        (b)     the accused or the accused's legal practitioner must be prepared to certify that the accused is ready to proceed on the Listed Date (if any).

    (5)     Nothing said by or on behalf of an accused at a case conference, and no failure by an accused to answer a question at a case conference, shall be used in any subsequent trial or made the subject of any comment at that trial.

    (6)     Nothing in paragraph (5) precludes an accused from relying on an indication of an intention to plead guilty given at a case conference.


There is no Rule 4.08.

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