LOCAL COURT PRACTICE NOTE COMM 2 - Procedures for Committal Proceedings under the Early Appropriate Guilty Plea Scheme

Sep 2, 2026

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Local Court Practice Note Comm 2 establishes procedures for committal proceedings under the Early Appropriate Guilty Plea Scheme. It specifies that it commences on 30 April 2018 and applies to relevant offences, while earlier matters remain governed by Practice Note Comm 1 and the pre-amendment Criminal Procedure Act 1986 (NSW). The note defines key terms, sets best-practice objectives, outlines election and consent requirements for certain matter categories, and provides a step-by-step timetable for briefs, charge certificates, case conferencing, and expeditious progression, including contingencies such as fitness for trial.

LanguageEnglish

CategoryLetters

FormatDOC

Pages6

Reading Time2 min

AccessFree to download

Application

Definitions

Purpose

Election in Table matters and Commonwealth optional indictable matters

Matters to proceed expeditiously and in accordance with timetable

Fitness for trial

First Step – Brief orders

Second Step – Brief service

Third Step – Charge certificate and criminal case conferencing

LOCAL COURT PRACTICE NOTE COMM 2 ISSUED: 14 March 2018 COMMENCES: 30 April 2018 Procedures to be adopted for committal proceedings in the Local Court pursuant to the Early Appropriate Guilty Plea Scheme Application This Practice Note commences on 30 April 2018 and applies to committal proceedings which deal with offences commenced on or after this date. Committal proceedings which deal with offences commenced before 30 April 2018 will continue to be governed by Practice Note Comm 1 and provisions of the Criminal Procedure Act 1986 (NSW) (“CPA”) as in force before its amendment by the Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW). This Practice Note does not apply to offences in the Children’s Court. Definitions In this Practice Note: “committal proceedings” means committal proceedings conducted pursuant to Part 2 of Chapter 3 of the CPA in relation to a strictly indictable matter, a Table matter, or a Commonwealth optional indictable matter which is proceeding on indictment in accordance with Commonwealth law. “Commonwealth optional indictable matter” means proceedings for an offence against a law of the Commonwealth that may be heard either upon indictment or summarily. “CPA” means the Criminal Procedure Act 1986 (NSW). “Table matter” means proceedings for an offence listed in Table 1 or Table 2 of Schedule 1 of the CPA. “strictly indictable matter” means proceedings for: an indictable offence against a law of the State that is not listed in Table 1 or Table 2 of Schedule 1 of the CPA; an offence against a law of the Commonwealth punishable by imprisonment for a period of at least 10 years. “charge certificate” means a document pursuant to section 66(1) of the CPA in the prescribed form. “case conference” means a conference held under Division 5 of Part 2 of Chapter 3 of the CPA. “case conference certificate” means a case conference certificate required to be completed and filed under Division 5 of Part 2 of Chapter 3 of the CPA. Purpose The procedures outlined in this Practice Note are intended as best practice to ensure that: The legislative purpose set out in section 260 of the CPA is applied; Time Standards for cases committed for trial or sentence to the Supreme Court or District Court are as far as possible complied with; and The utilisation of Audio Visual Link (AVL) technology is conducted in the most efficient manner. An overview of the procedures outlined in this Practice Note is set out at Attachment A. Election in Table matters and Commonwealth optional indictable matters A brief of evidence will not be ordered in a Table matter unless the Court is informed that a plea of not guilty is entered. A Table matter will proceed summarily pursuant to Chapter 5 of Practice Note Crim 1 unless an election is made to proceed on indictment in accordance with section 260 of the CPA within the timeframes set out in paragraph 4.3. Pursuant to section 263(1) of the CPA, an election must be made no later than 14 days prior to the allocated hearing date. Where a plea of guilty to a charge for a Table offence or a Commonwealth optional indictable matter is entered at the first mention, upon application by the prosecution the Court will grant an adjournment for 2 weeks to consider whether or not an election is to be made. A statement of facts is not to be tendered. In Commonwealth optional indictable matters, the prosecution, and, where legislatively required, the defence, MUST Indicate whether or not they consent to the summary hearing of the charge/s at the time at which a plea is entered. Where the required party/ parties consent, the matter is to proceed in accordance with Chapter 5 of Practice Note Crim 1. NOTE: Certain offences under Commonwealth legislation do not require the consent of the accused to proceed summarily. Matters to proceed expeditiously and in accordance with timetable Committal proceedings are to progress as expeditiously as possible and in accordance with the following timetable u

FAQs

When does Practice Note Comm 2 commence and which offences does it apply to?

It commences on 30 April 2018 and applies to committal proceedings dealing with offences commenced on or after that date.

Do offences commenced before 30 April 2018 fall under Comm 2?

No. Those matters continue to be governed by Practice Note Comm 1 and the relevant provisions of the Criminal Procedure Act 1986 (NSW) as in force before the 2017 amendment.

How is fitness for trial handled under the Practice Note timetable?

If the accused’s fitness for trial is properly raised under section 93 of the CPA, the Court may suspend the operation of the Practice Note pending resolution of that issue.

Sep 2, 2026

Upload by Kyle