New matter types
To help us better identify matters that fall within the Child Sexual Offence Evidence Pilot we have created new matter types for sexual related offences.
We have created 3 new categories for these matter types:
- Current
- sexual offences where the complainant is a child (under 18) at the time of the offence and still a child at the time of prosecution
- is likely to be dealt with under the CSOEP provisions in the District Court.
- Historic
- sexual offences where the complainant was a child at the time of the offence but is an adult at the time of prosecution.
- Adult DV related & Adult non DV related
- sexual offences where the complainant was an adult at the time of the offence
- DV related – there is a domestic or familial relationship between the accused and the complainant
- non DV related – there is no domestic or familial relationship between the accused and the complainant.
Offences against children (Child Related Offences)
| New matter type | Description | Relevant offence/s |
|---|---|---|
| Sexual Touch/Act Child/YP | Sexual Touching or Sexual Act – Complainant child or YP under special care |
|
| Child Sex Off – historic | Child Sexual Offence – (historic charge) | Historical offences against a child or young person under special care which involve:
|
| Child Sex Off – current | Child Sexual Offence – child complainant (current) | Offences against a child or young person under special care which involve:
|
| Agg Child Sex Off histori | Aggravated Child Sexual Offence – (historic charge) | A matter should be treated as “aggravated” if:
|
| Agg Child Sex Off current | Aggravated Child Sexual Offence – child complainant (current) | A matter should be treated as “aggravated” if:
|
Offences against adults (Adult Related Offences)
| New matter type | Description | Relevant offence/s |
|---|---|---|
| Sexual Touch/Act Adult | Sexual Touching or Sexual Act – Adult Complainant | This category of matters includes:
allegedly committed against an adult. |
| Adult Sexual Off DV | Adult Sexual Assault – Domestic Violence Related | This category of matters includes offences:
Such as:
|
| Adult Sexual Off Non DV | Adult Sexual Assault – Non-Domestic Violence Related | This category of matters includes offences:
Such as:
|
| Agg Adult Sex Off DV | Aggravated Adult Sexual Assault – Domestic Violence Related | A matter should be treated as “aggravated” if:
|
| Agg Adult Sex Off Non DV | Aggravated Adult Sexual Assault – Non-Domestic Violence Related | A matter should be treated as “aggravated” if:
|
What about existing grants – will the new matter types affect them?
The previous matter types for sexual offences have been made obsolete. If you have a grant with a matter type that is no longer available you will need to update these when you submit an extension.
For example:
| Current Grant matter type | Replace with new matter type |
|---|---|
| Act Indcncy/Asslt Under 16 | Sexual Touch/Act Child/YP |
New clauses for the Ground Rules Hearing and Pre-Record Hearing
We have created new clauses for attendance at the Ground Rule Hearing and for attendance at the Pre-Record Hearing for solicitor and junior counsel.
The new clauses will be available for selection on these templates when you are requesting funding for trial:
- Trial and Sentence - State and Commonwealth - District and Supreme Court
- Trial and Sentence - State and Commonwealth - District and Supreme Court – Extension.
Attendance at the Ground Rules Hearing
| Clause | Practitioner type | When to request |
|---|---|---|
| SGRH | Solicitor | When a date has been set for the Ground Rules Hearing |
| CGRH | Junior Counsel complex and non-complex | When a date has been set for the Ground Rules Hearing |
Attendance at the Pre-Record Hearing including client conferences
| Clause | Practitioner type | When to request |
|---|---|---|
| SPRH | Solicitor | When a date has been set for the Pre-Record Hearing |
| JCPRH | Junior Counsel – non complex | When a date has been set for the Pre-Record Hearing |
| JCOMPRH | Junior Counsel – complex | When a date has been set for the Pre-Record Hearing |
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