THE MAGISTRATES COURT OF SOUTH AUSTRALIA
ARRANGEMENTS FOR MAGISTRATES COURTS FROM 1 NOVEMBER 2020
Consistent with SA Government guidelines relating to the management of public places during the COVID-19 health emergency, the Magistrates Court issues the following revised directives to parties and practitioners regarding appearances in Court from 1 November 2020.
These measures will be in operation until further notice. They may be revised as new public health announcements are made.
ATTENDANCE AT COURT BUILDINGS
· Parties and practitioners are not to come to the Court, if they have:
o a confirmed case of COVID-19, or
o been in contact with a confirmed case of COVID-19, or
o been tested for COVID-19 and are awaiting the results, or
o arrived from overseas or from a cruise ship within the past 14 days, or
o arrived from State whose border is closed or restricted by the South Australian Government within the past 14 days, or
o a fever or chills (with no alternative illness that explains these symptoms), cough, sore throat, runny nose, shortness of breath or loss of taste and smell.
· Obligations to appear in court may be excused in certain circumstances. If you do not intend to appear because you honestly and reasonably believe you should self-isolate, you should do the following to support any application you may later wish to make to be excused from your obligation:
Criminal Jurisdiction
o If you are represented, tell your lawyer.
o Contact SA Police or the Office of the Director of Public Prosecutions by telephone.
o Obtain a certificate from your doctor.
o If you are already at the court building, seek assistance from Sheriff’s Officers to complete a Proof of Attendance Contact Details form.
Civil Jurisdiction
o If you are represented, tell your lawyer.
o If possible, advise the other party(s)
o Obtain a certificate from your doctor and provide it to the court.
o If you are already at the court building, seek assistance from Sheriff’s Officers to complete a Proof of Attendance Contact Details form.
· If a party or practitioner has a condition that makes them vulnerable to infection and for that reason does not feel safe attending at the Court, they should advise the registry by 9.30am on the day before the hearing, provide a direct contact phone number and seek leave of the Court to appear at the hearing by phone.
· Parties should allow extra time to be processed through point of entry security when entering court buildings due to social distancing measures.
· Parties and practitioners are not to approach Court staff and must always maintain a minimum distance from others of 1.5 metres.
o Where it is not possible to use CourtSA, documents should be filed in the approved form by email or post (addresses provided at the end of this document).
o All emailed documents should be signed and lodged in PDF format. Documents too large for email should be posted or lodged in a registry filing box located in a Magistrates Court building.
o All documents including written submissions, must be submitted to the Court no later than 1 clear working day before the hearing.
· Communication with the Court is required to be via the CourtSA website (Portal) or email to the relevant court.
· Parties and practitioners are reminded of the requirement that all parties must be copied in to any email communication with the Court.
· Parties are required to bring their own water as water jugs will not be provided in courtrooms and water fountains are unavailable.
· Lecterns have been removed from all courtrooms. However, during trials and lengthy hearings they can be made available upon request to in-court staff.
· Hand sanitiser will be provided at the following locations in every courtroom
o Bench
o Judicial Support Table
o Bar Table
o Witness Box
o Sheriff’s Officer table
ARRANGEMENTS FOR CRIMINAL PROCEEDINGS
· Listings have returned to normal and will continue to be monitored.
· Circuits have recommenced.
· The court asks to be notified of any parties who are at high risk of serious illness should they be exposed to COVID-19, and will give priority to those matters where possible.
· For overnight arrest matters.
o Prosecution is to provide an Information with an apprehension report attached so that defence can obtain instructions quickly, and
o All defendants will appear by AVL.
· Parties are also encouraged to put together an agreed statement of facts when a matter is to be called on for a plea where possible.
· AVL is limited to 3 lines for connection.
· WebEx may be used to facilitate hearings. When used, the court registry will email a meeting request to parties. Parties join the hearing by clicking on the button in the email if they have a device with a camera. Alternatively, they can join by telephone using the details provided in the email. It is important that solicitors ensure they make themselves available from the appointed time, bearing in mind that the court may not always call at that exact time.
Modification of Criminal Court Practices
· Prosecution and defence are encouraged to negotiate and disclose as much as possible, to attempt to reach an early resolution of matters.
· The court will attempt to enable section 22 conferences where possible. A courtroom may be used to allow for social distancing.
· Requests to appear by AVL or telephone may be allowed, although it is up to individual magistrates whether they will hear sentencing submissions by phone. Applications to appear by AVL or telephone are to be submitted by email no later than 1 clear working day prior to the hearing.
· Administrative adjournments will be allowed where parties agree (police have provided a blanket consent for all but major indictable matters). Applications to administratively adjourn matters are to be submitted by email and are to include confirmation of the consent of the other party no later than 1 clear working day before the hearing.
· Defendants in custody will appear by AVL or telephone.
· Trials that are unable to proceed due to reasons related to COVID-19 restrictions will be adjourned.
· All non-essential access to the courthouse will be restricted.
· Reports, references and written submissions must be tendered to the Court electronically no later than 1 clear working day before the hearing.
Major Indictable Matters
· An administrative adjournment request will require the consent of MIBU (police prosecution) or the DPP and the reasons for the adjournment. Practitioners are instructed to email the court confirming the consent of prosecution and providing the reasons at least one clear working day before the matter is listed. They will be advised of the new date in due course.
· The court will allow pleas to be entered through counsel in major indictable matters, provided a copy of the relevant Information with the following endorsement signed by the defendant is delivered by email to the court and the DPP at least one clear business day before the hearing. Defence counsel are to appear in person or by WebEx.
o I, (name of defendant), plead guilty/not guilty to the within charges. Signature.
· Prosecution are given permission to appear at major indictable hearings by AVL.
ARRANGEMENTS FOR CIVIL PROCEEDINGS
Notwithstanding the move towards practitioners appearing again in person, the Court may permit practitioners to appear by phone after the first directions hearing, where it can be accommodated and there is compliance with arrangements made.
Hearings and Trials in All Actions
· ‘Hearings’ includes directions hearings, applications listed for argument, drivers licence appeals, Registrars ISUM and enforcement lists.
· Subject to the Attendance at Court directives, parties and/or practitioners are to appear in person at Court unless they are granted leave to appear via phone due to one of the reasons listed under Attendance at Court directives at the beginning of this document or at the discretion of the Magistrate.
Settlement Conferences:
Settlement conferences are to be held between the parties by phone or at an alternative venue (not the Court precinct) prior to the date listed by the Court for the conference return date. Following the conference and by 9.30 a.m. on the day before the hearing, parties are to upload on to the Portal, or email to the Registry, consent orders or, if a hearing is required, direct phone details they can be contacted on at the adjourned hearing.
Mediations:
Subject to the Attendance at Court directives at the beginning of this document, mediations will occur in person where social distancing requirements can be met unless the parties are granted leave of the Court or, following consultation with the Mediation Unit, are permitted to appear via phone or video link.
For Mention Only Dates:
· If a party wishes to be heard on a ‘for mention only’ date they are to advise the Registry by 9.30 a.m. on the day before the hearing and provide consent orders or, where there is no consent, they are to appear in person.
· In the absence of this advice the action will be determined administratively and may be dismissed.
CONTACT DETAILS FOR MAGISTRATES COURTS
Magistrates Court Registry Contact Details:
Phone: (08) 8204 2444
Email:
Adelaide |
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Berri |
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Christies Beach |
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Elizabeth |
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Mount Gambier |
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Murray Bridge |
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Port Adelaide |
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Port Augusta |
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Port Lincoln |
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Port Pirie |
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Whyalla |
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Postal Address:
Adelaide |
PO Box 6115, Halifax Street, Adelaide, SA, 5000 |
Berri |
PO Box 235, Berri, SA, 5343 |
Christies Beach |
PO Box 5, Lonsdale, SA, 5160 |
Elizabeth |
PO Box 160, Elizabeth, SA, 5112 |
Mount Gambier |
PO Box 723, Mount Gambier, SA, 5290 |
Murray Bridge |
PO Box 420, Murray Bridge, SA, 5253 |
Port Adelaide |
PO Box 3215, Port Adelaide, SA, 5015 |
Port Augusta |
PO Box 45, Port Augusta, SA, 5700 |
Port Lincoln |
PO Box 266, Port Lincoln, SA, 5606 |
Port Pirie |
PO Box 583, Port Pirie, SA, 5540 |
Mount Gambier |
PO Box 723, Mount Gambier, SA, 5290 |
Murray Bridge |
PO Box 420, Murray Bridge, SA, 5253 |
Whyalla |
PO Box 694, Whyalla, SA, 5600 |
JUDGE MARY-LOUISE HRIBAL
CHIEF MAGISTRATE