proceedings for category 1 offences are not required to have case review and will generally skip this stage and go straight to the trial stage
the stage ends with adjournment for trial (judge-alone) or trial callover (jury).
Part 3 of the Act includes the procedure that may occur during the review stage. This includes the following subparts:
Case management
Sentence indications
Determination of level of trial court for category 2 and 3 offences
Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial
The Rules include rules relating to the content and filing of the case management memorandum (CMM), the information that must be given to an unrepresented defendant instead of a CMM, and the timeframe between entering a not guilty plea and the case review hearing.
Trial
The trial stage allows for parties to apply for a pre-trial admissibility hearing for a judge-alone trial. For a jury trial, trial callover memoranda (TCMs), trial callover and pre-trial applications are all covered.
Part 3 of the Act includes the following subparts are relevant to the trial stage:
Provisions applying only to judge-alone procedure
Provisions applying only to jury trial procedure.
Part 4 of the Act sets out the procedure for the trial, including 3 subparts:
Provisions applying to judge-alone trials
Provisions applying to jury trials
Provisions applying to both judge-alone and jury trials.
The Rules includes rules relating to the timeframe
for making pre-trial applications
for filing formal statements and TCMs
for between the case review hearing and the trial call-over (in jury trial cases).
The Rules also set out additional information that must be included in TCMs and the information that must be given to an unrepresented defendant instead of a TCM.
Rule 5.9 sets out the procedure for commencing a jury trial.
Sentencing
The Act does not specify the procedure for sentencing hearings although it does prohibit sentencing of category 2, 3 and 4 offences taking place in the absence of the defendant.
Appeal (including retrials and rehearings)
The appeal stage includes retrials, rehearings, correction of erroneous sentences and appeals.
Part 5 of the Act sets out the provisions for retrials and rehearings, and provisions relating to the correction of erroneous sentences.
Part 6 of the Act sets out the subparts relating to appeals:
