Committal Proceedings

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Presentation transcript:

Committal Proceedings

Committal Proceedings Before an indicatable offence can proceed to a higher court, a committal hearing is conducted in the Magistrates’ Court. Designed to establish whether the prosecution has a case against the defendant. Prosecution must establish there is a prima facie (at first appearance) case, or sufficient evidence against the defendant to support conviction. Defendant gets to see prosecution’s evidence against them.

Purpose of Committal Hearings Determining whether there is evidence of sufficient weight to support a conviction for the offence charged. Determining whether a charge for an offence is appropriate to be heard and determined summarily. Determining how the accused proposes to plead. Ensuring that the prosecution’s case is adequately disclosed. Ensuring that the accused can hear the evidence against him/her and cross-examine witnesses. Enabling an accused to put forward a case at an early stage. Enabling the issues in contention to be adequately defined.

Tasks Make notes on the purpose of committal proceedings (study design states: explain the purposes of committal proceedings) Explain how each of these purposes is achieved. Create a table from the information on pg 86 detailing the strengths and weaknesses of committal proceedings. Role play the answer to Question 8 (pg 87) with a partner. Tasks