Q:

What is a case review hearing?

A:

Quick Answer

A case review hearing is a pretrial hearing held to see if the charges against the defendant can be resolved without a trial. Case review hearings are held for any case where the defendant could be sent to prison for the crime, states the Community Law Manual.

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Full Answer

Case review hearings are usually overseen by a court registrar and not a judge. The registrar hears the case, and either works to find a solution or sends the case to trial before a judge, according to the Community Law Manual.

In Category 2 cases where a trial sees a judge hearing the case without a jury, the review hearing takes place 30 working days after a defendant pleads not guilty to an alleged crime. For Category 3 or higher offences, the defendant may choose to have a jury trial. In these cases, the case review hearing takes place 45 working days after a plea of not guilty is entered. To get a case review hearing, the defense and the prosecution must jointly file a Case Management Memorandum, which tells the court what the issues are to be at trial and other details of the case. The Memorandum has to be filed at least 5 working days before the case review date, according to Community Law Manual.

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