Committal case conference
127 Committal case conference
S. 127(1) substituted by No. 5/2025 s. 34(1).
The purposes of a committal case conference are—
to facilitate resolution of issues arising in the committal proceeding, including issues identified in the case direction notice; and
to facilitate the identification and provision of material or other information to enable the resolution of issues in the proceeding.
S. 127(2) substituted by No. 5/2025 s. 34(1).
If a committal mention hearing is to be held in a committal proceeding, a committal case conference must be held at the committal mention hearing.
S. 127(2A) inserted by No. 5/2025 s. 34(1).
Despite subsection (2), the Magistrates' Court may determine that a committal case conference is not required to be held if the court considers that is in the interests of justice having regard to the purposes in subsection (1).
S. 127(3) amended by No. 22/2020 s. 14.
Evidence of—
anything said or done in the course of a committal case conference; or
any document prepared solely for the purposes of a committal case conference—
is not admissible in any proceeding before any court or tribunal or in any inquiry in which evidence is or may be given before any court or person acting judicially,
unless—
S. 127(3)(c) inserted by No. 22/2020 s. 14.
all parties to the committal case conference agree to the giving of the evidence; or
S. 127(3)(d) inserted by No. 22/2020 s. 14.
the proceeding is a criminal proceeding for an offence alleged to have been committed during, or in connection with, the committal case conference.
S. 127(4) inserted by No. 5/2025 s. 34(2).
The Magistrates' Court—
must give a direction to indicate the start and end of a committal case conference; and
may give any other directions at the committal case conference that the court considers appropriate.
This Act’s bill:Explanatory memorandumSecond reading speech
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