Credulious
Former Member
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There is now a Magistrates Court which is part of the Supreme Court. All pre trial hearings are heard there to leave the Supreme Court court rooms free for trials.
The criminal jurisdiction of the Supreme Court of Western Australia includes such serious matters as murder, armed robbery, arson and those Commonwealth drug offences which carry a maximum penalty of life imprisonment. Frequently, accused persons charged with any of these offences are in custody on remand. For this and other reasons, undue delay cannot be tolerated. In order to better manage those cases within the Supreme Court's jurisdiction, with the aim of reducing delay and bringing about, where possible, an early resolution to criminal cases, two measures have been introduced which have, in a positive way, impacted upon the Supreme Court's criminal jurisdiction. These measures are Voluntary Criminal Case Conferencing (VCCC) and the establishment of the Stirling Gardens Magistrates Court
My point was a matter of process. They have to establish it be a Supreme Court matter (Jurisdiction). Ill get you the process posted.
They have to go back to the Magistrates Court, again, for the plea.
1.So they go back for a plea (pending its all ready and read by defence (1.5 million pieces of evidence still being collated).
2. Commit to a trial date. 6 months later?
3. A total of minimum 8 months away pending the search evidence is collated?
This was posted by OneSmallStepAtATime in an earlier forum from resource http://www.lawsocietywa.asn.au/wp-c...edure-Teacher-Student-Post-Visit-Resource.pdf
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Criminal Pre-Trial Procedures –
Supreme Court
1. First Appearance – Magistrates Court
All charges, regardless of seriousness, begin in the Magistrates Court. During the
first appearance the prosecution notice (the charge) is read to the accused and the
accused may apply for bail.
2. Stirling Garden’s Magistrates Court
If the Supreme Court has jurisdiction to hear the charges the accused, after their
first appearance, will be immediately remanded to appear in the Stirling Gardens
Magistrates Court. Due to the Supreme Court’s limited jurisdiction, the SGMC is able
to effectively streamline pre-trial processes.
3. Pleas/Committal Mention
After receiving legal advice the accused is required to enter a plea. If the accused
pleads not guilty or if they unsure how to plead they will appear at a Committal
Mention Date. The prosecution must provide all of their evidence to the accused prior
to Committal Mention.
4. First Appearance –Supreme Court
Once the accused person’s charges have been committed (formally transferred) to
the Supreme Court the accused will have a ‘First Appearance’.