6: Criminal Pre-Trial procedures and their purposes

Question 1

Bail:

Answer 1

Refers to the release from custody of a person accused of a crime and awaiting a hearing or trial, on an undertaking the accused will attend the hearing or trial.

Question 2

Bail purpose 1:

Answer 2

To protect the rights of the accused and ensure that he/she is treated as innocent until proven guilty

Question 3

Bail purpose 2:

Answer 3

Provide an opportunity for the accused to be released pending trial. This would allow the accused time out of court to prepare their case.

Question 4

Remand:

Answer 4

Refers to when an accused person is held in custody after they have been charged, are awaiting trial or awaiting a sentence.

Question 5

Remand purpose 1:

Answer 5

To protect the community where there is a risk the criminal will reoffend

Question 6

Remand purpose 2:

Answer 6

To prevent a person from absconding

Question 7

Committal hearings:

Answer 7

Refers to hearings held in the Magistrates’ Court for an indictable offence to assess whether a prima facie case exists; that is whether the evidence is of sufficient weight to support a conviction by a jury in trial.

Question 8

Committal Hearings purpose 1:

Answer 8

To determine whether a trial should proceed, that is if the evidence is of sufficient weight to support an indictable conviction by a jury at trial in the County or Supreme Court

Question 9

Committal Hearings purpose 2:

Answer 9

Clarify the issues before attending trial and thereby avoid taking a matter to trial when the evidence is flimsy, saving the time and resources of higher courts.