5. General Division - Criminal
Supreme Court of Western Australia
Consolidated Practice Direction
5.3
Protocol for Voluntary Criminal Case Conferencing
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1.
The Supreme Court of Western Australia will make the services of a
Registrar or external facilitator available
for voluntary criminal case
conferencing (VCCC) of any of its indictable matters, whether before or
after filing of the indictment. VCCC may occur in the period
prior to the
committal of an accused under s 44 of the
Criminal Procedure Act 2004
(WA) and/or, if the matter is committed for trial, it may occur at any
time after committal and before trial.
2.
A Registrar of the Court will only be the VCCC facilitator for a case if it
has been committed to the Supreme Court. This ensures that there is no
potential for a conflict between the roles
of Registrars sitting as
Magistrates in the Stirling Gardens Magistrates Court and Registrars
acting as facilitators for VCCC. A VCCC facilitated by a Registrar of the
Court will also have case management objectives.
3.
VCCC can only occur with the consent of all parties, and the consent of
an accused is not valid unless he or she has first received a copy of this
Protocol.
4.
It can be assumed that the Commonwealth DPP will always consent to
VCCC of any matter that it prosecutes. A similar assumption can be
made in respect of the State DPP, but subject to its obligation to consult
secondary victims in all murder cases.
5.
An accused can initiate VCCC by way of a request to the Judge in charge
of the criminal list. The prospects for VCCC can be canvassed at any
stage of proceedings when an accused appears
before a Magistrate in
Stirling Gardens Magistrates Court or a Supreme Court Judge.
6.
In any event, either at the first appearance of an accused in the Supreme
Court or at the first status conference of a criminal matter in the
Supreme Court, the presiding judge will ask the parties whether they
agree to the matter being referred for VCCC. The parties should have
considered this issue and be in a position to advise the presiding judge
of their attitude.
5. General Division - Criminal
PD 5.3
Supreme Court of Western Australia
Consolidated Practice Direction
7.
VCCC conferences (whether before or after presentation of the
indictment) will ordinarily take place in Court No 9
in the Stirling
Gardens Supreme Court building. Counsel and/or the accused may be
present by video link. The attendance of an accused is at the option of
the defence. The Court encourages the prosecution to arrange for the
officer in charge of the investigation to be present, if it may facilitate the
resolution of an issue between the parties.
8.
If the accused person is in custody and defence counsel requires the
accused to appear by video link, defence counsel is to advise the Listings
Supervisor in writing not less than seven (7) business days prior to the
mediation to enable the Court to arrange the video link.
9.
Prior to the conference a party should comply with any request by the
Court officer for the supply of copies of any evidentiary or confessional
materials in its, his or her possession, which the Court is still to receive
pursuant to s 44(2) of the
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