The purpose of this blog is to explain the summary offence procedure and to talk about how negotiations work with police during the procedure.
Mention Hearing
This is the initial stage of the procedure, and the Magistrate will ascertain where parties are at in relation to resolving the issue. As well, whether all the initial disclosure contained in the preliminary brief has been disclosed to the defence.
During this stage of proceedings, the defence and prosecution will negotiate and see which charges can be dropped. This is also referred to as summary case conference in the procedure. The prosecution can also add further charges based on discussions. At this point in the procedure, it is useful to play hardball with the prosecution as it makes it clear what charges the prosecution think can be made out.
Contest Mention Hearing
At this hearing, parties will need to decide if the matter will be moved to a contested hearing or if it can be resolved. Generally, prosecutions will make withdrawal of charges if they believe that it cannot be made out. The Magistrate can also give their opinion on the strength of the prosecution case and can give instruction on possible resolution for the parties. If the parties cannot resolve, then the matter is moved to a contested hearing.
At this stage of proceedings, negotiations are more fruitful if the defence is willing to play ball with the prosecution. An open dialogue with the prosecution can help get charges dropped and resolve matters without needing the matter to go contest. However, negotiations always depend on the client’s instructions.
Contested Hearing
This is a hearing in front of a Magistrate which may involve witnesses being called, and where the Magistrate will hear submissions from both parties and decide whether you are guilty or not beyond a reasonable doubt.
This is where the proceedings get real as the matter is drawing to its end. Sometimes moving matters to a contested hearing can get a client a better result as witnesses do not want to come to court to give evidence. As well, clients have the option of pleading before the hearing if they are concerned with the risk of the contested hearing. Though, once the contested hearing is run, and in the worse event a client is charged with an offence, you always have the option of appealing to the County Court and having the matter reheard.
If you have been criminally charged, please have a read as this will explain the process and how to negotiate with police. As always, your lawyer will act in your best interest and follow your instructions. If you need legal advice, please give Jay & Co a call.
