1. ‘It can’t wait until the trial’:
NEW DEMANDS OF THE TRIAL LAWYER AS CASE MANAGEMENT IN CRIMINAL MATTERS GAINS MOMENTUM

2. The problem Difficulties with the justice system at trial stage:
Prosecution and defence discover that they are unprepared: eg, the need for additional statements
During trial issues arise which ought to have been solved prior to trial

3. How case management helps
Ensures that issues on both sides are settled before trial:
Representation
Fitness to plead
Plea
Disclosure
Availability of prosecution and defence witnesses
Status of expert witness
Agreed facts
Alibi issues
Admissibility issues
Expected length
Editing of statements
Legal issues

4. The steps in the PCMH process
Committal from the RM court
First mention – housekeeping
Assess representation; set appropriate date for representation to be settled
Pre-PCMH mention to give directions for preparation for case management
Service of draft indictment
Service of statements and documents
Completion of PCMH form
Prosecution to complete and serve form on defence by a time to be set
Completion of PCMH form by defence

5. Time frame: 6 months for Circuit matters
NOV

6. Case analysis
Hamdel method – developed out of 7-year study of advocacy led by Gray’s Inn, University of Westminster, Australian Institute of Advocacy and the Centre for Capital Punishment Studies – designed for simplicity and thoroughness – called ‘good facts/bad facts’

7. Case analysis: the steps
1. Determine what needs to be proved
Elements of Proof-Crown/Defence - Where Found
Gary Peters
Juliet Rylands
Gillian Stephens
Paul Green
WITH INTENT
MALICIOUSLY
UNLAWFULLY
WOUND

8. Map of the case From the chart, prosecution can determine:
the strength of its case
which witnesses provide which elements of the evidence
the nature of the indictment
The defence can:
appraise the case against it
take a meaningful statement in response to the case against it
consider plea issues

9. Case analysis: the steps
Summary of statements and exhibits
Prosecution Version
Defence Version

10. Case analysis: the steps
3. Detailed reading of statements/exhibits and classifying the evidence into good facts/bad facts: the heart of the preparation
Name of person
Good facts
Undecided
Bad facts

11. Case analysis: outcome
Case analysis critical to:
decision-making that will determine whether case will be tried, length of trial;
what evidence will be agreed, if any;
trial strategy;
sentencing considerations;
better case and time management by counsel.