NEW LISTING ARRANGEMENTS AND HEARING PROCEDURES IN SOUTH AUSTRALIAN MAGISTRATES COURTS IN RESPONSE TO THE COVID-19 EMERGENCY DECLARATION

06.04.2020

General Information Concerning the Modification of Court Practices

  • Magistrates courts (Adelaide, Elizabeth, Port Adelaide, and Christies Beach) will be implementing procedures to deal with COVID-19 restrictions.  These are similar in each court.
  • All will allow requests to appear by AVL or telephone, although it is up to individual magistrates whether they will hear sentencing submissions by phone.  Applications to appear by AVL/telephone are to be submitted by email no later than 1 clear working day prior to the hearing.
  • All will allow administrative adjournments 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 to include confirmation of the consent of the other party no later than 1 clear working day before the hearing.
  • All will have defendants in custody appear by AVL or telephone.
  • All will adjourn trials that are unable to proceed due to reasons related to COVID-19 restrictions.
  • All will cancel most of their circuit courts, with the exception of Mount Barker and Murray Bridge, which will each sit one day each week, Murray Bridge on Monday, Mount Barker on Wednesday.  For other circuit courts, see below.
  • All will restrict non-essential access to the courthouse.
  • Social distancing requirements will be enforced.
  • Hand sanitiser will be available for staff and public use.
  • Reports, references and written submissions must be tendered to the Court electronically no later than 1 clear working day before the hearing.

DETAIL FOR EACH COURT

Adelaide

  • A new roster has been implemented in the AMC whereby two distinct teams of Magistrates will operate on alternate weeks. These arrangements are subject to change, particularly if additional restrictions are imposed.
  • The AMC has reduced its lists. There will be lists as follows
    • an overnight arrest list each day
    • a general list each day, for hearing matters called on for plea or bail application, defendants in custody, pre-trial discussions, and matters from circuit courts.
    • a committal list Tuesday to Friday
    • a family violence list Tuesday and Thursday
  • The following lists will not continue as we know them
    • Tax list
    • Commonwealth list
    • Treatment Intervention Court
    • Specialist Aboriginal Courts
    • Pre-trial conference list.  Contested matters will be referred from the general list to a listing conference, and a trial date then allocated.
  • Persons on bail will be notified that their bail hearings are likely to be moved to August/September 2020. They can have the matter called on at any time for plea.
  • Prosecution and defence are encouraged to negotiate and disclose as much as possible, to attempt to reach an early resolution of matters.
  • If a defendant is in custody, unless there is a plea of guilty the matter will be adjourned for 6-8 weeks, with an order for disclosure.  If the matter remains contested on the return date, it will be adjourned to a listing conference date, at which Prosecution should have witness availability for a trial to be set in September 2020 onwards.
  • The court will give priority to defendants in custody, and registry is directed that the date of any matter for a defendant in custody is not to be changed unless it is unavoidable (for example, a part heard matter before a magistrate who is not sitting that week). In those circumstances, where possible, the date is to be brought forward, and not pushed back.
  • Administrative adjournments will be granted on request, other than for major indictable matters. For all but major indictable matters Prosecution have granted blanket consent for administrative adjournments. Practitioners are to email the request to the court at least one clear working day before the matter is listed. They will be advised of the new date in due course.
  • Regarding major Indictable matters, an administrative adjournment 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 for the adjournment 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 ODPP at least one clear business day before the hearing. Defence counsel are to appear in person or by WebEx.
    • I, (name of defendant), plead guilty/not guilty to the within charges. Signature.
  • AMC will attempt to enable section 22 conferences where possible.  Courtroom 12 might be utilised so elders and family can attend, and comply with social distancing requirements.

Please Note

  • The court asks to be notified of any parties who are high risk and will give priority to those matters where possible.
  • For overnight arrest matters, Prosecution is to provide an Information with an apprehension report attached so that defence can obtain instructions quickly. 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.
  • SAPOL has encouraged solicitors to review files to see if they are aware of clients who may be in the system and to contact SAPOL to notify them. SAPOL currently have a number of matters in their system where a solicitor is not assigned.
  • SAPOL are unable to lay fresh report files at this time.

Christies Beach

  • Two distinct teams of Magistrates will operate on alternate fortnights.
  • Trials are to be vacated (there are no defendants in custody).  P/H trials will proceed if possible.
  • It is currently planned that there will be a call-over of all adjourned trials on 23 July.
  • There will be one civil list on 3 June.
  • The Victor Harbor circuit on 6 April will proceed, but will only be for 2 days.  Future Victor Harbor lists are under consideration.
  • The next circuit to Kangaroo Island is cancelled.  Urgent KI matters can be heard in Christies Beach by telephone. A decision as to the next circuit to KI will be made once future Emergency Declaration Directions are known.

Elizabeth

  • Two distinct teams of Magistrates will operate on alternate weeks.
  • Lists for the Elizabeth Court in APRIL, MAY, & JUNE will be
    • Overnight custody appearances;
    • All family violence, intervention order matters;
    • Matters currently listed for finalisation;
    • Matters currently listed for mention but which the parties agree may be listed for finalisation;
    • Pre-Trial Conferences where the defendant is in custody on the matter listed for PTC;
    • Trials subject to the availability of counsel, witnesses and a magistrate;
    • Part heard trials subject to the availability of counsel, witnesses and the magistrate;
    • Urgent applications including but not limited to bail applications or applications to vary bail.
    • Urgent civil applications on approval of the Regional Manager
  • All other matters will be administratively adjourned to July and August as listing availability permits.

Tanunda Circuit

  • The scheduled Tanunda Circuit in April, has been cancelled. All matters currently listed in the Tanunda Court in the April circuit fitting the criteria listed above will be incorporated into the Elizabeth Court lists.
  • All other matters will be administratively adjourned to July and August as listing availability permits.
  • A decision regarding the Tanunda May and June Circuits will made closer to the date of the Circuits based on the best information available at that time.

Ceduna Circuit, incorporating Yalata Aboriginal Community

  • The scheduled Ceduna Circuit in April has been cancelled. Arrangements are under consideration to have all matters currently listed in the Ceduna Court in the April Circuit fitting the criteria heard at Elizabeth. This will necessitate the investigation of  AVL/ telephone appearances and consultation with affected parties.
  • A decision regarding the Ceduna/ Yalata Circuit scheduled for May and Ceduna Circuit scheduled for June will made closer to the date of the Circuits based on the best information available at that time.

Kadina Circuit incorporating Maitland

  • The scheduled Kadina Circuit in May incorporating Maitland and the proposed additional sitting day in Kadina on 27 April will proceed. (There is no scheduled Circuit for Kadina/Maitland in April.)
  • The proposed additional sitting day in Kadina on 28 April has been cancelled.
  • A decision regarding the Kadina Circuit scheduled for June will made closer to the date of the Circuits based on the best information available at that time

Port Adelaide

  • Two distinct teams of Magistrates will operate on alternate weeks.
  • Lists will consist of overnight custodies, family violence, matters called on for plea.
  • General list matters have been administratively adjourned to 30 June onwards.
  • Matters can be called on at any time for finalization.
  • Nunga court matters are being heard, but not as a Nunga court, but still in a culturally appropriate way.
  • There is one civil list on 23 April

Regional Courts

  • Regional courts have introduced policies to cater for social distancing.
  • Rostering has been changed for that purpose.
  • Please contact the registry of the relevant court for information as to the listing of a matter in a regional court.

General Notes

Bail to the lands

  • Solicitors are advised that no Aboriginal persons released from gaol can be released onto the lands or into Aboriginal communities.

Technology

  • The AMC is trying to reduce attendance at court by parties as much as practicable. Clients may be excused in most matters but will be expected to attend for guilty pleas at this time. A solicitor can appear by AVL for a guilty plea while their client is in court, and most magistrates will hear submissions by telephone, especially if written submissions have been delivered to the magistrate’s chamber mailbox beforehand.
  • AVL’s are limited to 3 lines at a time, so we cannot hear more than 3 parties by AVL. The AMC is currently looking at WebEx.  We hope to have WebEx available in the committal court before the end of April.  It is proposed at this time that the AMC will host the meeting and will send emails to parties to let them know what time the matter will be listed.  The parties can join the meeting by clicking on the button in the email. They will need 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.

Enquiries:  8204 2444 of Freecall 1800 571 191
email:        enquiry@courts.sa.gov.au

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