AN ANNOUNCEMENT OF THE DISTRICT COURT OF SOUTH AUSTRALIA
CRIMINAL MATTERS
18 MARCH 2020
In light of the Government’s recommendation in relation to Coronavirus (COVID-19) the District Court of South Australia will implement the following steps immediately.
Jury Trials
As previously advised no new jury trials will commence in the District Court of South Australia prior to 1 May 2020.
Those matters listed for trial by jury on a date prior to 1 May 2020 have been vacated and will be called on for the purpose of relisting.
Trials listed on a date after 1 May 2020 will retain their current listing.
The recommencement of jury trials is under ongoing review and a further announcement will be made by the District Court as soon as practicable, but in any event, by 4 April 2020.
Trial By Judge Alone
Matters that are listed for trial by judge alone in March, April and May 2020 will proceed as listed.
Matters that have already been listed for trial by judge alone or preliminary hearing from June 2020 onwards will retain their current trial dates however, the Court is actively working to see if some of those trials can be brought forward. Counsel with matters in this category will have been, or will be, contacted by the Court to see if an earlier trial date may be available. If Counsel are not contacted by the Court, or an earlier trial date cannot be accommodated, then those matters are to proceed on their current listed trial date.
New Applications to elect for Trial By Judge Alone
Any election for a trial by judge alone, where the matter is already listed for trial by jury, should be made by filing and serving the usual application. Subject to the position of the Director of Public Prosecutions, and consideration by a Judicial Officer, these applications may be dealt with administratively.
If an application for trial by judge alone is granted then an early trial date will be considered.
New matters committed for trial to the District Court will be dealt with in the usual way, and any application for a trial by judge alone will be considered at arraignment in the normal way.
Not Guilty Arraignment
Not guilty arraignments will proceed on the date the accused is committed to appear.
These matters will be listed with a view to minimising the risk of people in Court at any one time.
Where an accused is in custody they are to appear via AVL unless parties advise the Court at least seven days prior to the date of arraignment that the accused wishes to attend in person.
Counsel are asked, where practicable, to wait with their clients outside of the courtroom until their matter is called on for arraignment.
First Directions Hearing Callover
First directions hearing callovers in March and April will be cancelled and the Court will, or will have already, contacted Counsel in relation to arrangements to have the matter either administratively adjourned to a second directions hearing callover, or to be dealt with on an individual basis.
Second Directions Hearing Callover
Second directions hearing callovers will proceed as listed in March and April 2020.
Whilst the question of whether the Court will commence new jury trials is under review, second directions hearings listed after 1 May are proposed to continue as usual and at those directions hearings the trial dates will be further considered in light of the position as to the commencement of new jury trials.
Special Directions Hearings
Special directions hearings will proceed as usual.
Guilty Plea Arraignment
Guilty plea arraignments will proceed on the date that the defendant is committed to appear.
These matters will be listed with a view to minimising the number of people in Court at any one time.
Those matters where parties are ready to proceed to submissions will be given a specific time on the arraignment date in advance consistent with current practice.
If parties are not ready to proceed to submissions on the day of arraignment, they may contact the Chambers of the Judicial Officer assigned to the guilty plea list, with a view to administratively setting a date for submissions.
Where the defendant is in custody the defendant will appear via AVL unless the parties advise the Court at least seven days before the date of arraignment or submissions that the defendant wishes to attend in person.
Counsel are asked, where practicable, to wait with their client outside of the courtroom until their matter is called on.
Sentencing
Sentencing will proceed as usual.
If a defendant is in custody the Court will try and accommodate attendance via AVL for sentence unless Counsel request the defendant to appear in person. Such request should be made at the time of submissions or, in any event, at least 72 hours prior to the date of sentence.
Bails
Bail applications will proceed as usual.
Calling Matters On
Any party may, consistent with the current rules and practice, make an application for a matter to be called on before the Court.
General
Any queries in relation to the listing of matters should be directed at first instance to the Criminal Registry.
A further update will be provided in relation to criminal matters in due course, but in any event before 4 April 2020.
We again encourage all members of the public who are not required to be in court to not attend because of difficulties caused by close proximity.
If you have a matter in court and need further information, please contact CourtSA Registry Services on 8204 2444 or enquiry@courts.sa.gov.au.