You may have heard your lawyer refer to your matter 'proceeding to contest mention hearing'. A 'summary contest' is what we call a 'trial' in the Magistrates' Court. The summary contest is heard by a Magistrate who will determine your guilt (unlike in the County Court or Supreme Court where a jury decides). It is for charges that are summary offences. This is really the first substantive hearing for your matter (and often where the most gets done!). Before the Court will adjourn the matter to a summary contest a contest mention will be held.
At a contest mention, under s 55 of the Criminal Procedure Act 2009, the Magistrates and the parties will discuss:
- Time estimates and witness availability/requirements;
- The strength and weakness of the available evidence;
- Whether all the documents we have requested have been provided and order anything else be produced; and
- Anything else the Magistrate thinks is relevant.
At the Contest Mention the matter can be progressed significantly and it is an important moment to resolve the case, narrow the issues and for the Prosecution and Defence (with your instructions!) to meaningfully assess the case in consultation with the Magistrate.
A number of things may occur:
- The Prosecution may agree to withdraw the charges;
- A sentence indication may be requested. The Magistrate will tell you the sentence they would impose if you plead guilty to the charges before the Court; or
- Your lawyer may persuade the Magistrate to give their view on the merits of the Prosecution case.
FAQ
Do I have to attend or can I get my lawyer to
go?
You must attend the contest mention hearing (s 55(4) CPA). Your
bail or summons will be extended to this date. If you are on remand
you will be transported to Court to attend. It is an important
opportunity for you, you lawyer and your police to try and resolve
the matter.
Will the informant be there?
It is less and less common for the Informant to attend Contest
Mentions these days.
Can I get sentenced at the contest
mention?
If the matter has resolved after your lawyer has negotiated the
appropriate charges with the Police Prosecutor you might be able to
do the plea at the contest mention. This will depend on how much
time is allocated to your matter on the day and the length of any
summaries to be read and submissions that will be made on your
behalf.
I did not do it. I want to contest the charges. Can we
skip this step?
No. The Court will only adjourn your matter to a summary contested
hearing after they have confirmed that parties have made an effort
to resolve the matter. Even if the matter can't be resolved it
is important to ensure that the Police have provided all the
necessary documents to your lawyer and that the issues in the
dispute are narrowed as much as possible.
If I am pleading guilty why do I need a
lawyer?
Even if you decide after the mention that you want to plead guilty
at contest mention it is important for you to be represented by a
lawyer at Court. We make sure that the charges filed against you
are appropriate and fair. The Magistrates' court procedure can
be complicated the case management obligations can be onerous. It
is important to have an expert on your side to help engage with the Police (who have a lot of
resources to Prosecute you!)
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