The Women’s Safety and Justice Taskforce called for changes in how the District Court deals with sexual violence (SV) cases. The District Court has started a new case management approach that is being piloted in the Brisbane and Ipswich District Courts. The pilot aims to reduce delays in the court process and improve the court experience for witnesses and complainants of SV matters and protect a defendants’ rights to a fair trial.
What is SV case management?
The SV Case Management Pilot in the Brisbane and Ipswich District Courts introduces new measures to help streamline court processes.
SV lists
SV lists introduce new court events that allow the court to manage and monitor SV cases as they progress from first hearing to finalisation.
New Court events
- Case Review Hearings take place four weeks after indictment presentation (the first mention in the District Court). At the Case Review Hearing, key court dates are set including the trial and legal practitioners must consider pre-trial issues and applications.
- Trial Readiness Hearings take place three months before trial. They address any remaining pre-trial issues and confirm if the trial can move ahead as planned.
- Two separate Directions Hearings to 1) obtain measures for the examination of an affected child witness or special witness and 2) to set directions or request to reschedule court dates as required.
Trial dates
Trial dates to be listed within eight (8) months of indictment presentation and efforts made to maintain trial stability.
Online forms
Online forms must be filled out and submitted to the Court by legal practitioners before the Case Review and Trial Readiness Hearings. These forms require parties to share information with the Court, including pre-trial issues, as early as possible in the proceedings.
Mediated Case Conferencing
Mediated Case Conferencing is facilitated by a Case Conference Registrar. It brings together the Senior Defence Counsel and Trial Prosecution to narrow issues and agree on the facts of a case. The Prosecution must provide a Trial Plan and suggest a sentence for discussion before proceeding to trial.
Early allocation and continuity of trial Crown Prosecutor
The Office of the Director of Public Prosecutions has committed in-principle to keeping the same Crown Prosecutor on a matter from indictment presentation to trial. This aims to provide consistent case progression, minimise delays due to re-briefing and to provide consistency for complainants and witnesses in SV cases.
Expansion of grants of Legal Aid
A new grant of Legal Aid is available for matters on the SV List to pay for parties’ court preparation and appearances in SV List court events and the Mediated Case Conference.
Stakeholder feedback, input and oversight
Stakeholders may share their feedback at the Local Operational Working Group (LOWG) meetings held in Brisbane and Ipswich. These groups include SV service providers, legal stakeholders, judges and people from criminal justice agencies. They work together to raise, resolve, and escalate risks and issues related to the SV Case Management Pilot's operation.
SV case managers
Case Managers are the first point of contact for matters on the SV List.
They can provide the following information:
- briefly explain and answer questions about how the court works, and its practices and procedures
- provide court listing availability and information on how to get a court matter listed
- give you information about how your court matter is managed and the processes involved in each step to a hearing
- give you contact details for organisations that may be able to give you free or low-cost legal advice or assistance
- give you contact details for organisations that may be able to give you emotional support or counselling.
Contact Case Managers:
Feedback
We welcome your feedback on the SV Case Management Pilot through the following options:
- by anonymously completing the Interim Feedback Form
- by completing the Cost and Time Tracking Questionnaire (Defence only):
More Information
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