Supreme Court of Tasmania

SUPREME COURT OF TASMANIA

CIRCULAR TO PRACTITIONERS

 No. 13 of 2012 
15 October 2012

 

Criminal Procedure: Additional Days for Committal and Remand - Second-last day of the last Sittings in each year

Section 60(1) of the Justices Act 1959 requires that the Supreme Court fix a day for committal of defendants to the Supreme Court. 

Section 61(11)(a) of the Justices Act 1959 requires the Supreme Court to fix a day for defendants to be remanded to appear before the Supreme Court at the conclusion of preliminary proceedings.

The Judges of the Supreme Court have also fixed an additional day for those purposes, which is the second last day of the last criminal sittings in each calendar year. (see Memorandum attached)

This year, the additional day for Hobart, Launceston and Burnie will be Thursday, 13 December 2012 and matters will be listed from 10.00 am in all locations.  Note that listings in Burnie for this additional day are scheduled at 10.00 am (not the usual 2.15 pm). 

 

J A Connolly

REGISTRAR

________________________________________________________________________________________

 

The Judges of the Supreme Court have fixed an additional day in each calendar year for the committal of defendants to the Supreme Court and for the remand to the Supreme Court at the conclusion of preliminary proceedings. The Judges of the Supreme Court hereby publish the following information.

1. Committal of Defendant to Supreme Court

Section 60(1) of the Justices Act 1959, requires that the Supreme Court fix a day for committal of defendants to the Supreme Court.  In addition to the days that have been published previously, the second last day of the last criminal sittings in each calendar year (Hobart, Launceston and Burnie) has been fixed by the Supreme Court:

  • In cases where justices commit a defendant to the Supreme Court for sentence then he or she is to be committed to appear in the Supreme Court either on
    • the first day of the next occurring criminal sittings not less than 7 days from the date that the order of committal is made; or
    • on the additional day not less than 7 days from the date that the order of committal is made.
  • In cases where justices commit a defendant to the Supreme Court for trial then he or she is to be committed to appear in the Supreme Court on
  • the first day of the next occurring criminal sittings not less than 7 weeks from the date that the order of committal is made; or
  • on the additional day not less than 7 weeks from the date that the order of committal is made.

The time for the committal order is 10.00 am for committals to the Supreme Court in Hobart and Launceston, and 2.15 pm for committals to the Supreme Court in Burnie.  On the additional day in Burnie, the time for the committal order  is 10.00 am.

2. Remand date at the conclusion of a Preliminary Proceeding

Section 61(11)(a) of the Justices Act 1959 requires the Supreme Court to fix a day for defendants to be remanded to appear before the Supreme Court at the conclusion of preliminary proceedings.  In addition to the days that have been published previously, the second last day of the last criminal sittings in each calendar year (Hobart, Launceston and Burnie) has been fixed by the Supreme Court:

  •   At the conclusion of preliminary proceedings defendants are to be remanded to appear before the Supreme Court on
  • the first day of the next occurring criminal sittings not less than 4 weeks from the date of the order of remand; or
  • on the additional day not less than 4 weeks from the date of the order of remand.

The time for the order is 10.00 am for remand to the Supreme Court in Hobart and Launceston and 2.15 pm for remand to the Supreme Court in Burnie.  On the additional day in Burnie, the time for the order is 10.00am.