UNDERSTANDING THE PROCESS
What happens before a criminal trial?
A criminal case may return to court several times before a plea is taken or a trial begins. These hearings allow the court to supervise progress, give directions and ensure that both sides are properly prepared.
A mention hearing usually deals with administrative or preparatory matters. A Pre-Trial Review is more focused on defining the issues for trial and confirming what remains to be completed before the witnesses are called.
AT A GLANCE
From first appearance to case preparation
THE STARTING POINT
First court appearance
After a person is charged, the case is brought before a Magistrate or Judge. The charge is put to the defendant and the court considers immediate matters such as bail, legal representation and the next procedural step.
Many cases are not ready to proceed at the first appearance. The court may adjourn the matter and direct that the defendant return for a mention hearing on a later date.
MCS can explain the charge and likely procedure, advise on plea and bail, obtain the available prosecution material, and appear with the client at the first hearing.
PROCEDURAL PROGRESS
Subsequent Mention Hearings
A mention hearing is a short procedural hearing for case management purposes and is used to monitor the progress of a criminal case. It is not the trial and witnesses do not give evidence at a mention hearing.
The case may be brought up for mention because the prosecution is still obtaining evidence, has not finalised the appropriate charges, is considering whether the prosecution should continue, or needs time to respond to defence representations (such as a bind over order submission). Venue transfer, disclosure, plea discussions and the fixing of future dates may also be addressed.
MCS can review developments between hearings, communicate with the prosecution, prepare written representations where appropriate, identify disclosure or evidential issues, and ensure that the court receives an accurate update.
GETTING THE CASE READY
Pre-trial review hearing
Where a case is to proceed to trial, the court may direct the prosecution and defence to attend a Pre-Trial Review, commonly known as a PTR. Its purpose is to identify trial issues and make the case ready for an efficient trial.
The court may consider the estimated length of trial, the witnesses required, admissions of agreed facts, outstanding disclosure, legal arguments, interpreters, expert evidence and any application that should be determined before the trial begins. A PTR is not mandatory and will only be ordered by a Magistrate if the case is complicated and involves many witnesses.
MCS can analyse the prosecution case and unused materials, take detailed instructions, identify the witnesses and documents required by the defence, coordinate with counsel and experts, and prepare the case-management materials for the PTR.
PRACTICAL REPRESENTATION
Prepared at every hearing.
MCS can represent clients at mention and pre-trial review hearings, maintain communication with the prosecution, track outstanding evidence and deadlines, and advise on the strategic choices that arise as the case develops.
Where a barrister is instructed for trial, MCS coordinates the defence team, arranges conferences and ensures that counsel receives the relevant evidence, instructions and procedural history in good time.