Committal Hearings Natasha Warden

Definition ‘A preliminary hearing in the Magistrates’ Court in which the Crown presents evidence of sufficient weight to justify a conviction by jury in a higher court.’ ~Making and Breaking the Law VCE units 3&4 10th edition ‘A committal hearing is a preliminary hearing held in the Magistrates Court to determine whether there is sufficient evidence for an accused person to stand trial in a higher court on a serious (“indictable”) offence.’ ~http://www.gnl.com.au/index.php? action=view&pid=&view=3708

What are they? Committal hearings are conducted in the Magistrates’ Court in cases of ‘serious indictable offences’. This is to ensure the prosecution has a strong enough (prima facie) case against the defendant before it proceeds to a higher court. If not the defendant will be discharged. There are many types of procedures that can be followed during this process, this can include the ‘hand up brief’ method.

Committal hearing procedures Hand-up brief Plea-brief Pre-hearing disclosures Special mention hearing Committal case conference Committal mention hearing Prima facie case established Presentment

Hand-up briefs Are when the documents are present in a committal hearing by the prosecution which is the basis for their case. The main purpose is to inform the defendant of the case against them and promote and early guilty plea. This saves the court time in the future. Hand-up briefs may include sworn statements, oral evidence, photos and materials that could be used as evidence during the case.

Plea briefs When the defendant pleads guilty to the charge(s) they will be served with a plea brief. This outlines the charge, the relevant material facts of the case and any statements made by victims and witnesses.

Pre-hearing disclosures When the defendant is served with a summary of the evidence. This is also includes the defendant’s right to request a copy of statements made during the hearing and also a list of those who made the statements.

Special mentions hearing If the defendant is pleading not guilty- the prosecution prepares a hand-up brief. This is what a timetable is set and followed to increase the efficiency and decrease the amount of time wasted during the hearing. Both police informant and and defendant must be in attendance.

Committal case conference Has been in place since 2007 in the Magistrates’ Court and directs the parties to attend a conference to facilitate discussion to clarify problems between the parties.

Committal mention hearing Is when the accused receives a hand-up brief before the hearing and has the option of questioning any witnesses, if they wish to participate in the questioning they must apply to the court to do so.

Prima facie case established. If a ‘prima facie’ case has been established during the hearing this means there is a strong enough case for the defendant to answer. Meaning the case will proceed to a higher court.

Presentment Is a written document that contains the details charged against the accused. A presentment is drawn up before they go to trial.

Committal hearings Begin by the defendants name being called and the charge read out. The prosecution then calls witnesses and starts to conducts investigations such as examination-in-chief, cross-examination and re-examination. These are recorded in written documents. After the prosecution has presented their case the defendant has the opportunity to call witnesses also. But usually the defence will keep this a secret until their trial. After all evidence is heard the court then decides if there is sufficient evidence fir the case to proceed to a higher court, if not it is then dismissed. If so the defendant will be ordered to proceed to stand trial on a later date at a higher court.

What are the benefits? Promotes an early guilty plea which saves the court and both parties money and time in the future. Clarify issues for both parties before proceeding As they can be skipped if the defendant believes the prosecution has a strong case and wants to avoid added costs and trauma When using the hand-ip brief method the use of written statements generally speeds up the process and witnesses do not have to be present at the time of the committal hearing.

What are their drawbacks? Committal hearings itself can be very time consuming due to the examination process of each piece of potential evidence. Committal hearings may be skipped in certain cases. Committal hearings can be a very costly due to its lengthy process. Witnesses once through the examination process at the committal hearings stage, try to predict what they will be asked in the future at trial and fabricate their answer. Added stress and trauma to the events.

How can they be improved? Committal hearings may be improved by reducing the length of the hearing by solely using the hand-up brief process when presenting and exanimating evidence, this will reduce time and added costs of getting the witnesses ready. Committal hearings in the eyes of Attorney-General, Mr. Robert Clark, should be abolished all together as although it reduces delays and clarifies issues, he argues that the process rarely discharges the case. Meaning there is normally a prima facie case which is found at committal hearings.