Rule 76.2 of the Joint Criminal Rules 2022 (SA) requires the prosecution and the defendant to speak with each other frankly and fully to see if the case can be resolved without a trial. The prosecution may decide after these discussions not to proceed with the charge or change the charge to something the defendant is willing to accept. The prosecution should tell the defendant in detail what the prosecution witnesses will say at a trial so that the defendant can make an informed choice about proceeding to trial.

The defendant is generally not required to reveal their defence strategy to the prosecution or tell them what evidence they plan to present at trial. Some exceptions exist, including alibi evidence [see r 75.4(1)] and evidence of discreditable conduct of a co-defendant [see r 75.2 and Evidence Act 1929 (SA) s 34P(4)].

The court may require the prosecution and defendant (or their lawyer) to attend a pre-trial conference to ensure compliance with the above [see r 76.3(1)]. Pre-trial conferences usually take place in closed court (not open to the public) and nothing said or not said by a defendant (or their lawyer) can be used at trial or in sentencing [see r 76.3(4)-(5)].

If the discussions do not resolve the case and a trial is to be scheduled, the defendant and the prosecution must discuss how long the trial may last, whether any facts are not disputed and can perhaps be presented to the court as agreed between prosecution and the defence, and how else the court's time can be put to best use during the trial.

The court must be told of the outcome of these points before it will set a trial date.