140Pre-trial conferences

#### 140 Pre-trial conferences 140 Pre-trial conferences > > (1) At the first mention of proceedings in the court before which the trial is proposed to be heard or at any other time, the court may order that a pre-trial conference is to be held so long as the time appointed for any such conference occurs after the indictment has been presented or filed. > > > (2) The court may order the holding of a pre-trial conference under this section on application of any party or on the court’s own initiative. > > > (3) The court may make such an order only if the accused person will be represented by an Australian legal practitioner at the pre-trial conference. > > > (4) The purposes of the pre-trial conference are as follows— > > > > > (a) to determine whether the accused person and the prosecutor are able to reach agreement regarding the evidence to be admitted at the trial, > > > > > (b) to identify the key issues in dispute between the accused person and the prosecutor at the trial, if any, > > > > > (c) to identify any other issues relating to the proceedings against the accused person that require resolution prior to the commencement of the trial, > > > > > (d) to identify or determine any other matter as directed by the court. > > > (5) The following persons must be present during the pre-trial conference— > > > > > (a) the prosecutor, > > > > > (b) the Australian legal practitioner representing the accused person. > > > (6) If the accused person has been charged jointly with any other person with the offence concerned, a joint pre-trial conference may be held in respect of two or more co-accused, but only with the consent of the prosecution and each of the co-accused concerned. > > > (7) A requirement under this section that a person be present for the purposes of a pre-trial conference is taken to be satisfied if the person is present or available by way of an audio visual link or telephone. > > > (8) Within 7 days after the holding of a pre-trial conference— > > > > > (a) the prosecutor and the Australian legal practitioner who represented the accused person at the pre-trial conference must complete a pre-trial conference form, and > > > > > (b) the prosecutor must file the pre-trial conference form with the court. > > > (9) The pre-trial conference form— > > > > > (a) is to indicate the areas of agreement and disagreement between the accused person and the prosecutor regarding the evidence to be admitted at the trial, and > > > > > (b) is to be signed by the prosecutor and the Australian legal practitioner representing the accused person. > > > (10) Except with the leave of the court, a party to proceedings may not object to the admission of any evidence at trial if the pre-trial conference form indicates that the parties have agreed that the evidence is not in dispute. > > > (11) Leave is not to be granted under subsection (10) unless the court is of the opinion that it would be contrary to the interests of justice to refuse leave. > > **s 140 (previously s 47G):** Renumbered 2001 No 119, Sch 1 \[61\]. Am 2001 No 119, Sch 1 \[63\]. Subst 2009 No 112, Sch 1 \[4\]. Am 2020 No 31, Sch 1.8\[4\].