CRIMINAL PRE-TRIAL PROCEDURES

WHAT EXACTLY ARE CRIMINAL PRE-TRIAL PROCEDURES?  Processes and procedures that occur before a trial or hearing commences  When a crime has been committed and reported to the police, police will investigate the crime to identify the offender – criminal pre-trial procedures start once a suspect has been found

THE PURPOSES OF CRIMINAL PRE-TRIAL PROCEDURES Assist the police in identifying evidence for the prosecution of the person or persons suspected of committing the crime under investigation Protect the rights of the accused and ensure they are treated innocent until proven guilty Provide rights to the police to facilitate police investigation

Provide an opportunity for the accused to be released pending trial, although this right may be denied in certain circumstances Determine whether a trial should proceed - that is, if the evidence is of sufficient weight to support a conviction by a jury at trial Determine if the accused wishes to plead guilty or not guilty — provide the accused with the opportunity to plead guilty - lighter sanction. Early plea benefits the legal system  it reduces the number of trials and speeds up the whole process THE PURPOSES OF CRIMINAL PRE-TRIAL PROCEDURES

BAIL  Bail = procedures that enable accused people to be released from custody after being charged awaiting their hearing or trial  Person charged with an offence has the right to apply to be released on bail until trial  If bail refused  held on remand  Conditions can be specified and a guarantor (surety) can be required

WHO CAN GRANT BAIL?  A police officer  A magistrate at a bail hearing in the MC - court registrars also have the power to fi x bail in some criminal cases  A bail justice — a bail justice is appointed by the attorney- general to decide whether an accused person is eligible for bail. Called for more serious cases WHAT IS THE PURPOSE OF BAIL?  Main aim = allow the accused person to go free until hearing the trial  upholding innocent until proven guilty  Allows the accused person time out of custody to prepare their case  Under the Bail Act it is assumed bail will be granted unless there is a specific reason to refuse it

CONSIDERATIONS OF BAIL WHAT ARE THE REASONS THAT WOULD RESULT IN REFUSAL OF BAIL? WHAT ARE THE 3 MAIN CONDITIONS OF BAIL?

 Where someone is held when refused bail until a case comes to trial or until granted bail in future  Men are remanded in custody or sent to HM Melbourne Assessment Prison  Women are send to the Dame Phyllis Frost Centre  Terms = maximum of 3 months for sexual offences, or 6 months for other offences, before a committal proceeding is commenced.  Children are held in the youth justice centre and cannot be held for more than 21 days  If later found guilty – time in remand taken from prison sentence  If found not guilty – not entitled to compensation for time spent in remand REMAND

Purpose of remand: To protect the community against the actions of an accused person the court believes may reoffend, inflict harm, commit further crimes or fail to appear before the court or justice to be served.

COMMITTAL PROCEEDINGS  Held in the Magistrates Court prior to a criminal case going to trial in the County Court or Supreme court  Aim is to:  Determine whether a prima facie case exists, that is, whether the evidence is of sufficient weight to support a conviction by a jury at trial  Clarify the issues prior to attending trial and thereby avoid taking a matter to trial when the evidence is flimsy, saving the time and resources of higher courts.  Determine how the accused proposes to plead  Direct indictment – Office of Public Prosecutions can ask for the committal proceedings to be omitted. This would be done if the accused knew the prosecution had a strong case, and to save time, expense and trauma wanted to avoid the committal proceeding

HOW ARE THEY CONDUCTED?  Usually with the use of written statements – witnesses don’t need to attend unless requested to do so by the accused  Written statements speed up the process  Use of written statements is knows as the hand up brief method of committal hearings - refers to the written statements being gathered together in a legal brief and handed up to the magistrate at the Magistrates’ Court.  If at any time accused decides to plead guilty, the informant can serve a plea brief on the accused – outlines the charge, states the material facts and statement by the victim  At the end of the committal hearing, if the magistrate decides a prima facie case has not been established – accused can go free. If further evidence is found later – accused can once again be brought before the court.

WHAT EXACTLY IS A HAND UP BRIEF?  Main purpose = inform the defendant of the case against them  Saves court time – defendant is in a position to make informed decisions about a possible plea or their intention to contest the committal  Contain copies of the charge sheet, sworn statements, photographs and other material that will be used by the prosecution

TODAY’S EXAM QUESTION Question 4 a and b – 2007 Exam – 4.5 minutes James has been involved in a serious car accident and has been charged with culpable driving. At the conclusion of the committal hearing he was committed to stand trial, and he was refused bail. a. Explain the purpose of a committal hearing. (2 marks) b. Outline one reason why bail might be refused. (1 mark)

FEEDBACK FROM ASSESSMENT REPORT The purpose of a committal hearing is to determine whether there is sufficient evidence to support a conviction. Many students only mentioned that the committal hearing’s purpose is to establish if there is a ‘prima facie case’ against the accused; this was not sufficient for full marks. Following is an example of a good answer. Committal hearings are meant to establish a prima facie case. This means that the case has sufficient evidence to support a conviction at trial. This is done so as to be sure that the trial is not a waste of time and money.

4B This question was handled well by students who most commonly said that bail can be refused if a person is likely to be a danger to society or if they are likely to abscond. Some students thought that bail can be refused if a person cannot meet any of the financial conditions of bail; however, this is not accurate because bail has actually been granted and the person is unable to meet the condition of bail. FEEDBACK FROM ASSESSMENT REPORT

SECOND EXAM QUESTION Q5a 2012 Exam – 3 marks = 4.5 minutes

REPORT