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New publication – WA Criminal Magistrates Court

31 May 2018 by By Lawyers

We are pleased to announce the release of another comprehensive step-by-step guide for Western Australian practitioners, being Criminal Magistrates Court WA .

This publication covers all aspects of criminal practice and procedure, for both simple and indictable offences, when acting for the defendant in criminal proceedings in the Magistrates Court.

The guide assists practitioners with all aspects of conducting a criminal matter from arrest and bail, or a first appointment in the office, through to hearing and/or sentencing, including avenues of appeal and possible costs applications. The commentary is practical and easy to understand, with numerous helpful precedents and all current Magistrates Court forms included.

Key content includes:

  • Law and procedures relating to arrest and bail, including the right to silence, the record of interview and practical tips for lawyers attending at the police station. Retainer instructions, including for a bail application, are included on the matter plan.
  • Practical guidance in preparing for court, with detailed commentary on analysing the charge and conducting plea negotiations. Precedent letters to the Crown are included on the matter plan for this purpose, as well as an instruction sheet for a plea and mitigation.
  • Procedures involved when attending court for both simple and indictable matters, pre-sentence reports and conducting the plea.
  • Preparing for hearing when a plea of not guilty has been entered.
  • Sentencing options and procedure for guilty pleas in the Magistrates Court.
  • Client mental health considerations, with a letter instruction to a psychiatrist or psychologist.
  • Example written submissions on sentence are included on the matter plan.
  • Information on appeal rights.

This guide is a valuable tool for all practitioners who appear in the Magistrates Court, especially those with limited experience in criminal work, or those supervising younger lawyers.

Filed Under: Criminal Law, Publication Updates, Western Australia Tagged With: criminal law, criminal procedure, criminal procedure WA, magistrates court, WA, WA Magistrates Court, western australia

Criminal Magistrates’ Court QLD

12 October 2016 by By Lawyers

OCTOBER
  • Costs Agreements – Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
SEPTEMBER
  • New commentary added on making an application for a protection order.

Filed Under: Criminal Law, Publication Updates, Queensland Tagged With: criminal, magistrate, magistrates court, offence, traffic

Criminal Magistrates’ Court VIC

12 October 2016 by By Lawyers

Criminal Magistrates Court

OCTOBER 
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
SEPTEMBER 
  • Intervention Orders
    • Further information added on applying for intervention orders
    • New further information link to SmartSafe’s Legal Guide to Family Violence Intervention Orders
APRIL 
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
  • Commentary added under Bail regarding The Bail Amendment Act 2016 which will commence on the 2nd May 2016.
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

Filed Under: Criminal Law, Publication Updates, Victoria Tagged With: criminal, magistrates court, offence, traffic

Magistrates’ Court Civil SA

12 September 2016 by By Lawyers

Magistrates’ Court Civil 

OCTOBER
  • Costs Agreements – Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
AUGUST
  • From 1 August 2016 Small Claims reduce from $25,000 to $12,000 or less. Edit scale of costs – Third schedule.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

Filed Under: Legal Alerts, Litigation, Publication Updates, South Australia Tagged With: civil, magistrates court

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