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Update on post-committal negotiations
Date : 30 Mar 2011
Members of the Judiciary have informed Victoria Legal Aid (VLA) that the post-committal negotiation checklist we introduced in January this year would be extremely useful in managing cases.
They have requested that a copy of the checklist be filed with the court prior to the first directions hearing/post-committal case conference. As a result, it is now a requirement of VLA that the post-committal negotiation checklist is filed with the court.
The post-committal negotiation process and the checklist we introduced in January reflect our commitment to the early resolution of criminal trials, where possible, or to the narrowing of issues for trial. The checklist was developed with the support of the Office of Public Prosecutions (OPP), the Commonwealth Director of Public Prosecutions and the County and Supreme Courts.
Filing the checklist with the court
In the County Court, the checklist must be filed together with the defence response, and in the Supreme Court it must be filed at least three days before the post-committal case conference.
In order to comply with these time frames, the negotiations must take place at least seven days before the first directions hearing in the County Court or the post-committal case conference in the Supreme Court.
Support for post-committal negotiations
The OPP has also introduced strategies to support our post-committal negotiation initiatives.
Non-circuit court matters
For non-circuit matters, the lawyer with the conduct of the file prior to the committal will retain conduct of the file throughout the post-committal negotiation period. For non-circuit matters this lawyer will conduct a post-committal negotiation in conjunction with a Crown prosecutor.
Circuit court matters
For circuit court matters, the OPP have agreed to trial a post-committal process which aligns extremely well with our new post-committal negotiation guideline. In essence it provides that the ‘Prosecutor who appeared at the committal is retained by the OPP for 28 days post-committal to negotiate a resolution with the defence, or prepare a draft trial opening.’
These initiatives provide a unique opportunity for VLA-funded practitioners with circuit court matters and the OPP to engage in truly meaningful discussions at this crucial point in the trial process.
We are excited about this advance in circuit court matters, and are asking VLA-funded practitioners who undertake circuit court matters to embrace this process so that it can take full effect and potentially roll-out statewide. Importantly, its benefit to our clients in reducing anxiety and delay through resolving more appropriate matters earlier could be enormous.
More information
Criminal law fees structure – post-committal negotiation checklist fact sheet which details the process.
VLA Handbook for lawyers – post-committal negotiation checklist which must be completed by counsel and submitted with the practioner's invoice to VLA.