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legal ch 4.3

u3 aos1 criminal justice system

TermDefinition
Committal proceedings pre-trial procedures in the Mag court for indictable offences where the accused has pleaded not guilty
why are committal proceedings helpful 1. Prelim hearings act as a filtering process to test the strength of the prosecution’s case before a full trial ------- 2. Give the accused an opportunity to understand the case and cross-examine the prosecution’s witnesses before trial
commital proceedings statue S97 of Criminal Procedures Act 2009 (Vic)
1 objectives of committal proc to see whether a charge for an indictable offence is appropriate to be heard and determined summarily,
2. objectoves of comm proc to decide if there is enough evidence to support a conviction for the offence charged, to find out whether the accused plans to plead guilty or not guilty
how do commutal proceedings ensure a fair trial Making sure the prosecution’s case is disclosed to the accused,
2. how do comm proc ensure fair trial Opportunity for accused to cross-examine witnesses, Allowing accused to put forward an early case, Allowing accused to properly prepare and present a case, Making sure the topic is properly defined
committal hearing main and final stage of the committal proceeding
importance of committal hearing accused has the opportunity to question the prosecution’s witnesses, make submissions about the charges, After the evidence and submissions, the magistrate decides whether or not to commit the accused (i.e. send the accused to trial).
if mag finds sufficent evidence to support a conviction at trial he accused is committed to stand trial and released on bail to wait for the trial, or is held in remand.
If the magistrate finds there isn’t enough evidence to support a conviction at trial the accused is discharged and allowed to go free
after the committal proceeding If mag finds sufficient evidence, the documents are transferred to DPP, DPP files indictment to VCC or VSC, Leads to trial before a judge and jury
strength 1 committal proc Save the time and resources of higher courts by filtering out weak cases that are unlikely to succeed because of insufficient prosecution evidence.
strength 2 Allows the accused to be informed of the prosecution’s case - fairness. Helps them prepare on how to plead and what kind of questions/witnesses.
strength 3 Onus on pros to establish that there is enough evidence to support a conviction at trial. Supports principle of ____ - presumption of innocence and don’t need to prove anything
strenfth 4 Prosecution can withdraw some charges or combine charges to achieve a more fair trial - saves time of higher court by promoting an earlier resolution of cases.
strength 5 Accused can test the strength of the prosecution's case. Can lead to accused pleading guilty for some/all charges - saves time and resources of higher courts.
weakness 1 comm proc Accused can find committal proceedings hard to understand (without representation). Results in inequality on a academic level - very experienced prosecutor, and an inexperienced accused person
weakness 2 Expensive for the accused, esp if they are being held on remand and are not working. Expensive for the state
weakness 3 Adds delay getting case to trial, which reduces access to CJS - longer to seek a resolution and increases risks of unfair outcome. Some have suggested that obviously strong cases should bypass Comm proc and go directly to trial.
weakness 4 Can contribute to stress and trauma for accused and range of victims - some witnesses might have to testify lots of times.Reduces access to justice - they might not want to give evidence now.
weakness 5 Considered unnecessary and a burden - adding extra inconvenience to parties
Created by: pg0612345
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