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Legislative Assembly for the ACT: 1996 Week 8 Hansard (27 June) . . Page.. 2508 ..


ATTORNEY GENERAL OF THE AUSTRALIAN CAPITAL TERRITORY

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO 269

Court Cases - Delays

MS FOLLETT - ASKED THE ATTORNEY GENERAL:

(1) What time limits, or what performance indicators relating to time, currently apply to the Director of Public Prosecutions (DPP) prosecuting indictable and summary offences.

(2) On how many occasions in the past year has a court case been delayed because the DPP was not ready to proceed.

(3) What has been the impact of such delays on the numbers and categories of detainees at Belconnen Remand Centre.

MR HUMPHRIES - The answer to the member's question to the Attorney General is as follows:

(1) Although the timetable for the conduct of proceedings is set by the relevant court, the DPP seeks to expedite the just and speedy resolution of criminal proceedings through -

. the prompt screening of cases (to determine whether they should proceed and, if so, upon what charge or charges);

. prompt disclosure to the defence of the prosecution case;

. early plea discussions with the defence; and

. preparation of cases (not resolved by discontinuance or guilty pleas) for early hearing.

In order to achieve the above objectives the DPP has adopted a range of performance measures, including -

. providing particulars to the defence within 7 days of being requested to do so;

. providing a copy of the brief of evidence to the defence within 7 days of receiving the brief from the referring agency;

. responding to defence representations in Magistrates Court proceedings within 7 days of receiving a brief or comments on the representations from the referring agency; and

. seeking the earliest available date for the hearing of matters not resolved by discontinuance or guilty plea.


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