A summary case conference is an important step in many criminal matters in the Magistrates’ Court of Victoria. It is a discussion between the prosecution and the accused, usually through their lawyers, about the charges, the available evidence and the issues that remain in dispute.
The purpose of a summary case conference is to help manage and progress the case. It can provide an opportunity to identify weaknesses or disagreements in the prosecution case, clarify the accused’s position and, where possible, resolve some or all of the charges without the need for a contested hearing.
A summary case conference is not a court hearing. It takes place between the parties rather than before a magistrate. It may be conducted in person, by telephone or by another method of communication.
What is a summary case conference?
Under the Criminal Procedure Act 2009 (Vic), a summary case conference is a conference between the prosecution and accused for the purpose of managing the progression of the case.
This can include:
identifying and providing information, documents or other material held by the prosecution that may assist the accused to understand the evidence;
identifying the issues in dispute;
identifying the steps required to progress the case; and
any other purposes provided for by the applicable court rules.
The Magistrates’ Court can also direct the parties to attend a summary case conference.
Where a preliminary brief has been served in accordance with the legislation, a summary case conference must generally occur before the matter is set down for a contest mention or contested hearing, or before a request is made for a full brief.
Who attends a summary case conference?
The conference is between the prosecution and the accused.
In practice, where the accused has a lawyer, the lawyer will generally communicate with the prosecution on the accused’s behalf. The prosecution may be represented by a police prosecutor or another prosecuting authority, depending on the nature of the charge.
The conference is not presided over by a magistrate. The court does not decide the case during the conference.
Victoria Police describes its Summary Case Conference Service as providing an opportunity for prosecution and defence to discuss the case, including the charges, evidence, the accused’s position and possible resolution.
What happens before a summary case conference?
Before a conference, the prosecution evidence should be reviewed carefully.
Depending on the matter, this may include:
the charges and allegations;
the preliminary brief or other disclosed material;
witness statements;
police interviews;
body-worn camera or CCTV footage;
photographs and other documents;
telephone or other digital records;
medical or forensic material; and
expert evidence.
The accused’s instructions are also important. The lawyer needs to understand what is admitted, what is disputed and whether there may be a factual or legal defence to the charges.
It may not be possible to properly assess the case until relevant prosecution material has been disclosed.
What is discussed at a summary case conference?
The issues discussed will depend on the circumstances of the particular case.
The parties may discuss:
what the prosecution alleges occurred;
what evidence the prosecution relies upon;
which allegations or facts are disputed;
whether further disclosure is required;
whether particular evidence is capable of being challenged;
whether charges can be resolved;
whether charges should be amended or withdrawn;
whether an accused is prepared to plead guilty to some or all charges;
whether an agreed factual summary can be reached; and
what procedural steps should happen next.
The parties are required to use their best endeavours to resolve issues in dispute.
The conference does not require an accused to plead guilty. If an appropriate resolution cannot be reached, the matter can continue as a contested proceeding.
Can charges be negotiated at a summary case conference?
Yes. Charge negotiations may form an important part of a summary case conference, although the purpose of the conference is broader than simply negotiating charges.
Depending on the evidence and circumstances, possible outcomes may include:
a guilty plea to the original charge;
a guilty plea to an amended or alternative charge;
withdrawal of some charges;
agreement about the factual basis for a guilty plea;
resolution of some charges while others remain contested; or
continuation of the matter towards a contest mention or summary hearing.
Any proposed resolution must be considered in light of the evidence and the accused’s instructions.
The prosecution and defence cannot agree to impose a particular sentence on the court. The court remains responsible for determining the appropriate sentence if the accused pleads guilty. Victorian courts must take the fact and timing of a guilty plea into account when sentencing.
Can the facts be negotiated?
The parties may discuss the factual basis for a guilty plea.
For example, there may be disagreement about whether particular allegations should form part of the agreed facts, the accused’s role in the offending, the extent of any loss or damage, or other matters relevant to sentence.
An accused does not have to accept facts that they do not agree with simply because they are considering a guilty plea.
Any agreed factual summary should accurately reflect the facts that the accused is prepared to admit. This is important because the facts placed before the court can affect sentencing.
Can a guilty plea be entered at a summary case conference?
The conference itself is not the court event at which a guilty plea is formally entered.
The parties may, however, reach an agreement that the matter should proceed to a plea of guilty. The Magistrates’ Court can then deal with the matter at the appropriate court hearing.
A guilty plea should only be entered where the accused understands the charge and consequences of the plea and is prepared to admit the offence.
The timing of a guilty plea can also be relevant to sentencing. Victorian courts must consider whether an offender pleaded guilty and, if so, the stage of the proceeding at which the plea was entered.
What happens if the parties cannot agree?
A summary case conference does not have to result in an agreement.
If the accused maintains a not-guilty position and the issues cannot be resolved, the matter may proceed towards a contest mention and, ultimately, a contested hearing.
A contested hearing is where the prosecution presents its evidence and the court determines whether the charges have been proved.
The outcome of negotiations does not determine whether an accused is guilty. If the matter remains contested, the prosecution must prove the charges in accordance with the applicable law.
What happens after a summary case conference?
The parties may agree on the next step in the proceeding.
Under the Magistrates’ Court Criminal Procedure Rules, the parties may jointly request that the matter be listed for a plea of guilty, further mention, contest mention or sentencing indication.
If issues remain in dispute, those issues should be identified so that the matter can progress efficiently.
For example, the parties may identify:
the charges that remain contested;
outstanding disclosure;
the witnesses who may be required;
evidentiary issues;
admissions that can be made; and
the likely length of a contested hearing.
The aim is to ensure that the court proceeding is focused on the issues that genuinely remain in dispute.
Is a summary case conference confidential?
The law provides important protection for what is said or done during a summary case conference.
Under the Criminal Procedure Act 2009, evidence of anything said or done during a summary case conference, or a document prepared solely for the purposes of the conference, is generally not admissible in a proceeding unless all parties agree to it being given in evidence.
This allows the parties to discuss the case and potential resolution without every statement made during the conference automatically becoming evidence in the proceeding.
Does a summary case conference mean the case will be resolved?
No.
A summary case conference creates an opportunity to discuss and potentially resolve issues, but there is no guarantee that the matter will settle.
The outcome depends on the charges, evidence, the accused’s instructions and the position taken by the prosecution.
If the matter cannot be resolved, the accused retains the right to contest the charges and require the prosecution to prove its case.
What is the difference between a summary case conference and a contest mention?
A summary case conference takes place between the parties, outside the courtroom. Its purpose is to discuss the evidence, identify issues in dispute and consider how the case should progress.
A contest mention is a court event before a magistrate. It is part of the formal court process and deals with the management of a matter that is proceeding towards a contested hearing.
A summary case conference will generally occur before a matter is set down for a contest mention where the statutory requirements apply.
What should you do before a summary case conference?
A criminal charge should not be resolved simply because an early agreement appears convenient.
Before giving instructions about a proposed resolution, it is important to understand:
the exact charges;
the prosecution evidence;
what facts are alleged;
what facts are admitted or disputed;
whether there are potential defences;
the consequences of pleading guilty;
the possible sentencing outcomes; and
any other consequences that may arise from a conviction.
Legal advice can help an accused understand the available options before deciding whether to resolve or contest a charge.
Get legal advice about a summary case conference
A summary case conference can be an important opportunity to understand the prosecution case, identify the issues in dispute and consider whether a criminal matter can be resolved without a contested hearing.
Any decision about pleading guilty, accepting facts or resolving charges should be made after the evidence and potential consequences have been carefully considered.
Our criminal lawyers can provide advice and representation in relation to summary case conferences, charge negotiations, guilty pleas and contested criminal matters throughout Victoria.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.