Department of Justice

1. How a matter starts

A criminal matter starts in one of two ways:

• Police charge the person to court from an arrest report on their tablet, with or without police bail.
• The registry opens a matter on the Justice tablet.

Every matter has a number such as M-000012. Quote it in every enquiry, ticket and courtroom appearance; it is how the court, the accused and police all find the same record.

2. Summary and indictable

Every matter runs in one of two streams.

• Summary (less serious, heard in the Magistrates’ Court): Mention, then Contest mention, then Contested hearing, then Plea and sentence, then Finalised.
• Indictable (serious): Filing hearing, then Committal mention, then Trial in the County or Supreme Court with a jury, then Plea and sentence, then Finalised.

The bench may send an indictable matter to be heard summarily, in which case it joins the summary stream at Mention.

3. The summary stream, step by step

These are the only decisions the court can make at each step.

• Mention: plea of guilty (goes to Plea and sentence) or plea of not guilty (goes to Contest mention).
• Contest mention: plea of guilty; sentence indication (the bench says what sentence a guilty plea would get); or list for contested hearing.
• Contested hearing: plea of guilty; found guilty (goes to Plea and sentence); or found not guilty (acquitted, and the matter is finalised).
• Plea and sentence: sentence, which finalises the matter.

4. The indictable stream, step by step

• Filing hearing: plea of guilty; hand-up brief served (by the prosecution, goes to Committal mention); or to be heard summarily (becomes a summary matter at Mention).
• Committal mention: plea of guilty; committed for trial (goes to Trial in the County or Supreme Court); or to be heard summarily.
• Trial: plea of guilty; found guilty; or found not guilty. At trial the jury decides the verdict.
• Plea and sentence: sentence, which finalises the matter.

5. At any open step

While a matter is open, whatever step it is at, these are also available:

• Withdraw the charges: the prosecution decides this.
• Strike out: the bench decides this.
• Bench warrant: the court issues one when the accused fails to appear. It goes onto every police list.
• Recall the bench warrant: once the person is before the court, or the warrant is no longer needed.

6. Who may decide

Only an office that sits at the level of the court the step is in may decide it. A Magistrate sits in the Magistrates’ Court; a County Court Judge sits in the County Court and below; a Supreme Court Justice sits in the Supreme Court and below; the Chief Magistrate and the Attorney-General sit at every level. A Magistrate cannot decide a County Court trial.

The registry (Court Registrars, and others whose office allows listing) opens matters and lists and moves hearings, but does not decide them. Prosecutors serve the hand-up brief and may withdraw charges.

7. Results and papers

A finalised matter ends with one of these results:

• Convicted and sentenced.
• Sentenced without conviction.
• Found not guilty.
• Withdrawn by the prosecution.
• Struck out.

The court prints papers as real items: a Charge and Summons (the court, the date and time to appear), a bail undertaking, a remand order, a warrant, and a court order with the result and sentence. Papers are handed over in person in the city.