Order 4 Division 2 of the Criminal Practice Rules 2022 is headed Pre-trial procedures for fraud and corruption cases.
Rules 5 and 6
Rule 5 — acting on application or on the own motion of the Court, the Judge Administrator (FC) may add or remove a matter from the FC List.
Rule 6 — a Judge may conduct a call-over of cases appearing in the FC List at a time determined by the Judge.
Rule 7
(1) Upon the opening of a court file, the Registrar shall list the matter before a Judge for mention.
(2) There shall be a first mention on the first available day after committal or on such days as are fixed by the Registrar or a Judge.
(3) The accused shall appear at the first mention of the matter.
(4) At the mention, the Judge may — (a) consider legal representation for the accused; (b) review bail or remand status; (c) confirm receipt of the notice of committal and District Court depositions; (d) fix a date for a directions hearing.
The FC track moves faster than the ordinary criminal list from the outset, and the accused’s attendance at the first mention is mandatory under sub-rule (3).
On bail, see bail applications; the Bail Rules 2021 govern the mechanics.
Rule 8
(1) A directions hearing shall be held within 21 days after the mention date.
(2) It shall be attended by the accused and prosecution and defence counsel who are sufficiently prepared to assist the Judge in addressing the matters mentioned in this rule.
- availability of District Court depositions;
- availability of witnesses for the parties;
- protecting and preserving witnesses and witnesses’ testimony or material evidence;
- early indication of the possible charge;
- early indication of plea, and the plea at trial;
- prosecution witnesses required at trial as shown on the committal documents and any notices of further evidence, and their availability;
- any additional witnesses and the evidence expected — with a summary of the evidence … supplied in writing if statements are not available;
- facts which can be and are admitted pursuant to s 589 of the Code and the witnesses whose attendance will not then be necessary;
- the probable length of the trial;
- exhibits which are to be provided and whether they are to be admitted by consent;
- issues … as to the mental or medical condition of any accused person or witness;
- any point of law which may arise on trial, any question as to the admissibility of evidence apparent on the papers, and any authority relied on;
- the names and addresses of witnesses from whom statements have been taken by the prosecution but who are not going to be called and, in appropriate cases, disclosure of the content of those statements;
- any alibi not disclosed pursuant to these Rules;
- the order and pagination of the papers to be used by the prosecution at the trial and the order in which witnesses will be called;
- the likely assistance through a request for a probation report;
- counsel representing the accused and the State at the trial;
- issue of witness summonses;
- any other significant matter which might affect the proper and convenient trial of the case;
- fix the date, time and venue of trial to take place within 4 months from the committal;
- fix a date for a status conference to take place prior to trial;
- issue of a notice of trial.
Item 20
This is the most demanding provision in Order 4. The trial date is fixed at the directions hearing — itself within 21 days of a mention held on the first available day after committal — and is to take place within 4 months from the committal.
It reflects Order 1 Rule 2: the Rules are intended to promote the fair, just and speedy disposition of all criminal cases so as to ensure the right under Constitution section 37(3) to be afforded a fair hearing, within a reasonable time.
It also means counsel on both sides must be ready very early. Sub-rule (2) requires counsel at the directions hearing to be sufficiently prepared, and items 4 and 5 call for early indication of the possible charge and of plea.
Protecting and preserving witnesses and witnesses’ testimony or material evidence appears third on the list, ahead of almost everything about the trial itself.
Fraud and corruption prosecutions frequently involve witnesses under pressure and documentary evidence at risk. Order 8 Division 7 provides the tools — special measures orders, video-taped evidence, giving evidence at a pre-trial hearing, and orders requiring disclosure of the address of a witness — and Order 8 Division 6 allows the Court to limit access by the public to the proceedings or … publicity of the proceedings, including in the mass media and on social media. See the criminal trial.
Rule 9
(1) An accused or the State may apply for directions in relation to any matter to be considered by a Judge set out in this Order.
(2) The applicant shall give the other party three days’ notice of the application.
Order 1 Rule 7(1)(b) supplies the mode where a CR file is open: the application may be made orally or by notice of motion, in those CR proceedings. And no fee is payable.
An ordinary criminal case reaches a pre-trial review under Order 6, held only where a not guilty plea is indicated, with a prosecution statement in Form 24 seven days before and a defence statement in Form 25 three days before.
The FC track adds a directions hearing on a fixed 21-day timetable, a status conference, a four-month trial target, and express attention to witness protection. The two regimes overlap: an FC case that proceeds to a not guilty plea will still engage Order 6, and Order 8 governs evidence in both.
Sources
- Criminal Practice Rules 2022 — O 1 rr 2, 3, 7; O 4 rr 1–9; O 6 rr 1–6; O 8 Divs 6, 7
- Criminal Code Act (Chapter 262) — s 589
- Constitution — s 37(3)
The Bail Rules 2021, the Probation Act 1991 and the Evidence Act (Chapter 48) are not available on PacLII.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.