DISTRICT COURT CRIMINAL PRACTICE NOTE 1
LISTING PROCEDURES IN SYDNEY AND SYDNEY WEST
1. The arrangements in place between the Local Court and the District Court in relation to cases committed to Sydney District Court and Sydney West District Court are:
1. Accused committed for trial in Sydney are committed to the last sitting day of the week following committal (usually a Friday) for first mention in the arraignment list.
In Sydney West a similar procedure is adopted but the first mention day varies from court to court and practitioners should ascertain the relevant day which is nominated by the list judges at Parramatta, Penrith and Campbelltown.
3. Where an accused is committed for sentence the magistrate may order a pre-sentence report for the sentencing. Practitioners should address this issue in the Local Court where possible because this allows the report to be prepared at an earlier date.
4. Where an appeal against severity is lodged in the Local Court the date of hearing in the District Court is endorsed on the Notice of Appeal. This is not a mention date and practitioners should be prepared to proceed with the appeal on that date.
2. The purpose of the first mention of a trial will be to ensure the representation of all accused persons is provided for at the earliest possible opportunity. The responsibility of the list judge will be to manage each case according to its own needs.
3. At this first mention the list judge will address the question of provision of legal assistance and set a date for arraignment within a period no longer than the next eight weeks. In fixing this date the judge will take account of the circumstances of the accused in order to enable the arraignment date to be a meaningful date on which the accused can indicate what the plea will be. This system is designed to minimise the number of appearances in the arraignment lists and thus to reduce...
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