A committal hearing is conducted in the Magistrates' Court where a Magistrate reviews the prosecution's case and evidence against the accused to determine if there is enough evidence for a jury to find them guilty.
Committal hearings exist to prevent serious criminal prosecutions from being initiated indiscriminately. Where the prosecution does not have sufficient evidence to find an accused guilty in a higher court, the accused should not be made to go through the stress and expense of a trial. Committals ensure that the time of higher courts is not wasted hearing matters that have no reasonable prospects of a successful prosecution.
If you’re reading this article because you’ve been summoned to a committal hearing, it’s a good idea to consult the expert criminal lawyers at Josh Smith Legal before going to your hearing to ensure you get the best outcome and give you the best possible chance of avoiding going to trial.
What Does A Committal Hearing Aim To Accomplish?
The purpose of committal hearings is to stop indiscriminately launching major criminal cases. The accused shouldn't have to endure the anxiety and expense of a trial if there is insufficient evidence for a higher court to declare them guilty. In addition to ensuring that higher courts don't waste their time on cases with little chance of success, committals also help the higher courts function more efficiently.
The defence may also utilise a committal hearing to gauge the strength of the case, cross-examine prosecution witnesses, and gain insight into how they would respond in person. It allows the issues at hand to be precisely stated and gives the accused the opportunity to prepare and deliver their case.
Laws
The Criminal Procedure Act governs the criminal procedure process in Victoria. A committal hearing is required by Section 96 of the Act if an accused person is charged with an indictable offence, except in situations where a direct indictment is filed or the matter is heard summarily in the Magistrates' Court.
Prior to the committal hearing, a matter undergoing the committal hearing process will undergo several administrative court mentions. According to Section 99, the court must expedite the case to the committal hearing stage if the victim was a child or someone with cognitive impairment and the offence was sexual in nature. The committal hearing stage often takes place within two months. Unless excused from attendance, the accused is required to appear at all court proceedings pertaining to the committal proceeding (Section 100).
What Takes Place at A Hearing For Committal?
Whether or not the defence wants to test the prosecution's case will determine how a committal goes. The case moves forward to an oral committal if the defence wishes to challenge the evidence. A hand-up committal is an option if the defence agrees that there is enough evidence to take the case to a higher court.
Oral Committals
The prosecutor will call each of its witnesses to present evidence-in-chief during an oral committal hearing. The witness often does this by accepting the statement's content and certifying its veracity and correctness. Each witness can then be cross-examined by the defence. However, unlike in a trial, the defence does not have to present its evidence to the prosecution's witnesses and allow them to provide their opinions.
To establish facts, the defence will frequently employ an oral committal hearing. Throughout the committal hearing, the prosecution must present all its evidence. The defence rarely calls witnesses during the committal phase.
A magistrate may dismiss the charge or commit it to a higher court after hearing evidence at the committal. The criminal case concludes if the magistrate decides to dismiss the charge, which sends a strong message to the prosecution that the case should not stand. Rarely, the prosecution may decide to use a direct indictment to start a fresh case. This entails relaying the charge and bringing it before the higher court right away. Only on the recommendation of a director's committee may the Director of Public Prosecutions file a direct indictment.
Hand-Up Committals
The defence may forego the right to a committal hearing and consent to the case moving forward through a hand-up committal if it acknowledges that there is enough evidence to send the charge to a higher court. This implies that the magistrate will receive the brief of evidence and will then refer the case to a higher court. Since the parties agree that the issue should be committed and the evidence is not being examined, no witnesses will be called. When the accused intends to enter a guilty plea, hand-up committals are typical. In contrast, summary offences in Victoria are less serious crimes that do not require a committal hearing and are usually heard in the Magistrates' Court. These include minor theft, traffic offences, and public disorder charges.
Conclusion
A committal hearing is an important part of the legal process because it decides if there is enough proof to go to trial for serious, indictable crimes. By examining the strength of the prosecution's case, the Criminal Procedure Act in Victoria regulates it to prevent unnecessary trials. The defence can challenge the evidence or agree to go to a higher court through oral or hand-up committals. Ultimately, this process protects the accused's rights while speeding up and improving the court system's efficiency.
