Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings (SI/2004-134)

Marginal note:Attendance at Conference

• 15.02 (1) Unless otherwise ordered by a judge in accordance with rule 2.02, the prosecutor and counsel of record, each fully briefed in respect of the issues to be discussed at the pre-hearing conference, or, in the case of an accused who is not represented by counsel of record, the accused, shall be present at the pre-hearing conference.

• Marginal note:Availability of Accused

  (2) A judge may require that an accused, represented by counsel of record, be available for consultation with counsel in respect of matters to be considered at the pre-hearing conference and that an investigating officer be available for consultation with the prosecutor.

• Marginal note:Completion in Draft of Pre-hearing Conference Report

  (3) Prior to attending the pre-hearing conference, the prosecutor and counsel of record shall jointly prepare in draft a Pre-hearing Conference Report in Form 13, to be presented to the pre-hearing conference judge at the judge’s request.

• Marginal note:Completion of Pre-hearing Conference Report If Accused Not Represented by Counsel

  (4) If the accused is not represented by counsel, the prosecutor shall at the request of the pre-hearing conference judge complete in draft the Pre-Hearing Conference Report in Form 13.

Marginal note:General Nature

• 15.03 (1) Unless otherwise ordered by the pre-hearing conference judge in accordance with rule 2.02, a pre-hearing conference shall be an informal meeting conducted in chambers at which a full and free discussion of the issues raised may occur without prejudice to the rights of the parties in any proceedings thereafter taking place.

• Marginal note:Specific Inquiries to be Made

  (2) Without restricting the generality of rule 15.01 or subrule (1), a pre-hearing conference judge may inquire as to

  • (a) the extent of disclosure made by the prosecutor and any or further requests therefor by an accused or counsel of record;

  • (b) the nature and particulars of any applications to be made at the outset of the proceedings, including any application

    • (i) to contest the laying of the information or any count thereof,

    • (ii) to stay or otherwise determine the proceedings prior to plea or the introduction of evidence,

    • (iii) to change the venue of trial or adjourn the hearing of the proceeding,

    • (iv) to challenge the sufficiency of the information, to order particulars or to amend the information or any count thereof,

    • (v) to sever the trial of any count(s) or accused from the trial(s) of any other accused or count,

    • (vi) concerning the special pleas of autrefois acquit, autrefois convict or pardon, and

    • (vii) to determine the fitness of an accused to stand trial;

  • (c) the possibility of resolution of any or all of the issues in the proceedings, including the possible disposition of any or all counts contained in the information whether by plea of guilty or otherwise;

  • (d) the simplification of any issues that remain to be contested at the proceedings;

  • (e) the possibility of obtaining admissions and agreements so as to facilitate an expeditious, fair and just determination of the proceedings;

  • (f) the estimated duration of the proceedings;

  • (g) the advisability of fixing a date for the commencement of the proceeding; and

  • (h) any other matter that may assist in promoting a fair, just and expeditious proceeding.