InBrief

The chief magistrate has announced this year's sitting arrangements for the Christmas - New Year period. Normal rostered sittings will: apply up to and including Thursday, 22 December 2016; be suspended on and from Monday, 26 December 2016; and recommence on Monday, 9 January 2017. In respect of Friday, 23 December, magistrates may elect to preside in court in order to complete part-heard matters, or they may complete outstanding chamber work, judgments or administrative duties either at home or in chambers.

ADULT PERSONS IN CUSTODY ON WEEKDAYS THAT ARE NOT PUBLIC HOLIDAYS

Monday, 26 December through Friday, 6 January 2017

Metropolitan area

Two acting magistrates will be rostered at Parramatta Local Court to determine bail for adult persons who remain in custody in the metropolitan area and to consider any urgent applications for Apprehended Violence Orders that are lodged statewide. All adults, remanded in custody within the Sydney Metropolitan area, are to be dealt with via audio visual link facilities at Parramatta Local Court from correctional facilities.

Regional areas

Regístrars of the court will conduct bail hearings when required at regional locations.

General instructions for authorised justices conducting adult bail courts

Authorised justices are to adjourn matters involving persons in custody to the next sitting day of the court (or circuit if applicable) from which that matter arises on or after 6 January 2017 wherever possible. Should an accused person be refused bail and not consent to the adjournment beyond the statutory period the matter should not be adjourned to Parramatta Local Court, unless arrangements have been made with the relevant registrar for the listing of the matter before a magistrate.

CHILDREN'S COURT - JUVENILES IN CUSTODY ON WEEKDAYS THAT ARE NOT PUBLIC HOLIDAYS

Currently there is no legislative authority to allow for the Children's Court to conduct the bail hearings on 23 December 2016 via audio-visual link.

Monday, 26 December to Friday, 6 January 2017

Two acting magistrates with experience in the operation of the Children's Court will be rostered at Parramatta Children's Court to determine bail applications, urgent applications for Apprehended Violence Orders and urgent applications for care and protection orders from across the state.

Any juvenile who is taken into custody and refused bail by police is to be transported to the nearest detention centre and brought before Parramatta Children's Court via audio visual link from that detention centre. Please note that in regional areas where long distances are required to transport the young person to the detention centre it may be preferable to initially place the juvenile before the registrar (if available) for bail determination and if bail is subsequently refused by the registrar the matter is to be adjourned to the following day to appear via audio visual link facilities before the magistrate at Parramatta Children's Court.

APPREHENDED VIOLENCE ORDERS

Magistrates will be available at Parramatta Children's Court and Local Court on weekdays that are not public holidays to determine urgent applications only during court sittings hours.

Weekends and public holidays

Bail courts will operate in accordance with normal arrangements.