6- Pre Trial Procedures

Question 1

Define bail, and explain it’s purpose.

Answer 1

Bail is a procedure that enables the accused to be released from custody after being charged, until the time of the hearing/trial.

The purpose of bail is to uphold the presumption of innocence, and to provide the accused with time to prepare a case with their lawyer.

Question 2

What are the conditions of bail?

Answer 2

the party on bail must:

• surrender their passport
• refrain from interfering with witnesses
• have a surety

Note: bail may only be granted by a police officer, bail justice or magistrate.

Question 3

Why might bail be refused?

Answer 3

According to the Bail Act 1977 (Vic) states that bail should be granted unless there are reasonable grounds for refusing it, such as when the accused party:

• will not appear in court
• is likely a danger to the community
• has committed a serious offence (murder)

Question 4

Define remand, and explain its purpose.

Answer 4

When bail us refused, and the accused is held in custody until the date of their trial.

The purpose of remand is to protect society and prevent the accused from reoffending or failing to appear in court.

Question 5

What are the conditions of remand?

Answer 5

Parties on remand:

• cannot be held for more than 3 months for a sexual offence
• cannot be held for more than 6 months for other offences

Question 6

Define committal hearings, and explain their purpose.

Answer 6

When a person had been charged with an indictable offence (not heard summarily), a committal hearing is heard in the Magistrates Court.

The purpose of this is to determine whether there is sufficient evidence for the prosecution to get a conviction in a higher court.

Question 7

Explain 2 methods of committal hearings.

Answer 7

Traditional:

• the prosecution gives oral evidence
• evidence is cross examined like a formal trial

Hand-up brief:

• prosecution gives sworn written statements as evidence
• this is the most common method