Chapter 4 - Committal Proceeding, Parts 4.1 to 4.3 - Preliminary; Filing hearing; Compulsory Examination

Question 1

95 Definition

Answer 1

“Registrar” means the registrar at the venue of the MC at which a committal proceeding is, or is to be, held.

Question 2

S 96 When committal proceeding must be held

Answer 2

Must hold committal proceeding in all cases where A charged with IO, except where (a) direct indictment filed (b) charge determined summarily

Question 3

S 97 Purposes of a Comproc (see if charge is IOTS; evidence of sufficient weight; how A wishes to plead; ensure fair trial)

Answer 3

The purposes of a Comproc are—

    (a) to determine whether charge for an offence is appropriate to be heard and determined summarily;
    (b) to determine whether there is evidence of sufficient weight to support a conviction for the offence charged;
    (c) to determine how A proposes to plead to the charge;
    (d) to ensure a fair trial, if the matter proceeds to trial, by—
          (i) ensuring that the prosecution case against the accused is adequately disclosed in the form of depositions;
          (ii) enabling the accused to hear or read the evidence against the accused and to x-exam prosecution witnesses;
          (iii) enabling the A to put forward a case at an early stage if the A wishes to do so;
          (iv) enabling A to adequately prepare/present a case;
          (v) enabling issues in contention to b adeq. defined.

Question 4

S 98 When comproc commences

Answer 4

A committal proceeding commences on the commencement of a filing hearing.

Question 5

S 100 Hearings in comproc (FH/SMH/CEH/CMH/CCC/CH) and attendance of A

Answer 5

(1) hearings that may be held in CP are
(a) filing hearing
(b) special mention hearing
(c) compulsory examination hearing
(d) committal mention hearing
(e) committal case conference
(f) committal hearing ((1A) not to be held with s 123 proceeding)
123 provides that there’s to be no x-exam in certain sexoff cases.
(2) A must attend all hearings against them unless excused under 135 (for committal hearing) or 330 (any other case)

Question 6

S 101 Filing hearing (fix CMH date; fix HUB time; other order)

Answer 6

At FH, MC may (a) fix date for committal mention hearing

(b) fix period of time for service of hand-up brief
(c) make any order/give any direction court considers appropriate

Question 7

S 102 Time limit for filing hearing (7 days post CS filing after remand/bail arrest; 28 days after summons)

Answer 7

Date fixed for FH must be

(a) within 7 days after the charge-sheet is filed, if the accused has been arrested and either remanded in custody or granted bail
(b) within 28 days after the charge-sheet is filed, if a summons to answer to a charge is issued in respect of the accused.

Question 8

S 103 Application for order (after CS, before CH - has person refused, gotten legal advice, suspect; been made aware; any thing else)

Answer 8

(1) Subject to this s, informant may apply for order under s 104(1).
(2) An application under subsection (1) may only be made—
(a) After a CS has been filed against the accused in relation to the matter to which the proposed examination relates; and
(b) Subject to subsection (3), before the CH, if any, commences.

(3) An application under subsection (1) may be made after the committal mention hearing only if the MC is satisfied that it is in the IOJ to allow the making of the application at that time.

(4) On an application under subsection (1), the informant must advise the Magistrates’ Court of the following information—
(a) whether the person sought to be examined has been asked by the P to make a statement and has refused to do so; and
(b) whether the informant is aware of whether the person sought to be examined has obtained legal advice concerning the proposed examination; and
(c) whether person sought to be examined is/has been a suspect with respect to matter to which proposed examination relates; and
(d) whether the person sought to be examined has been made aware of the application; and
(e) any other information prescribed by the rules of court.

(5) An application may be made with/out notice to the accused.
(6) If the person sought to be examined in an application under subsection (1) is/has been a suspect with respect to the matter to which the proposed examination relates, the informant must give reasonable notice of the application to the person, or a legal practitioner representing the person, whether or not—
(a) a charge-sheet against the person has been filed; or
(b) a charge against the person has been determined.

(7) The accused—
(a) is not party to an application under subsection (1); and
(b) may not address the court on the application.

Question 9

S104 Order for compulsory examination hearing

Answer 9

(1) On the application of the informant, MC may make an order requiring a person to attend before the MC on fixed date for the purpose of being examined by or on behalf of the informant or producing a document or thing or both.
(2) MC make if satisfied in IOJ to do so (3) MC may set aside at any time, own motion/informant’s motion/examinee’s motion

Question 10

S105 Notice of comp-exam

order to be served

Answer 10

(1) (a)-(b) informant must serve notice on examinee and accused
(2) (a) in prescribed form (b) served personally
(3) contempt of court provisions apply

Question 11

S106 Compulsory examination hearing

Answer 11

(1) e’ee may be: (a) LR; and (b) can speak personally/through LP.
(2) evidence of witness at CEH must be (a) sworn/affirmed; and (b) recorded in same manner as evidence at committal hearing
(3) accused may attend
(4) accused may address court personally or through LP if MC determines there are exceptional circs, but may not x-exam
(5) nothing in this section excludes/limits Compet./Compell. laws