Chapter 4 - Committal Proceeding; Parts 4.8, 4.9 - Evidence in committal proceeding; Determination in committal proceeding Flashcards
S139 admissibility of non-oral evidence
(1) Subject to (2) and (3), on proof of their service on A in accordance with Pt. 4.4, the following are admissible as if their contents were record of evidence given orally—
(a) statement with attested truth (unless ruled inadmissible under 134(2))
(b) exhibit or doc in admssible statement which
(c) recording with attested truth (unless 134(2))
(d) any other recording a transcript of which served in HUB
(2) MC may rule inadmissible the whole/any part of—
(a) statement (b) exhibit/doc in statement (c) contents of recording
(3) A recording, transcript of which has been served in HUB, is only admissible if it is proved that A and their LP were given a r’ble opportunity to listen to and, in case of AV recording, view it.
S140 – Procedure if accused makes admission of relevant fact or matter
(1) if under s 184 of EA accused makes, during a comproc, an admission of any relevant fact/matter, MC must cause admission to be included in the record of the proceeding.
(2) Can then be used in subsequent trial.
S141 – Determination of committal proceeding where hand-up brief used
(1) After the evidence for the P is concluded, the MC must enquire
(a) except in s 123 proceeding, whether A intends to call any W
(b) whether A intends to make any submissions
(2) if un-LP, MC must (a) inform A has right to answer charge, choose either (i) to give sworn/affirmed evidence or (ii) say nothing
(b) whatever choice it makes, can call W to give evidence for A (except in s 123 proceeding
(2A) MC must give above info in understandable manner to A
(3) must then ask A what they want
(4) At conclusion of all evidence and submissions, if any, MC must
(a) if in its opinion evidence is of insufficient weight to support a conviction for any indictable offence, discharge the A
(b) if of sufficient weight to support conviction for offence with which the A is charged, commit accused for trial per s 144
(c) if of sufficient weight to support a conviction for an IO other than the offence with which the A is charged, adjourn the comproc to enable the informant to file a CS in respect of that other offence and, if a CS is filed, must commit the A for trial per s 144
(5) If informant doesn’t file CS for othr offence within adjournment period under sub-s (4)(c), the MC must discharge the A
S142 Determination of committal proceeding where plea brief used
(1) If a plea brief is served, the MC, at the CMH, must
(a) ask how A pleads to the charge to which the comproc relates
AND (b) if A PG and evidence sufficient in court’s opinion to support conviction for offence, commit A for trial per s 144.
(2) if A does not PG to charge to which Comproc relates, MC must direct informant to prepare/serve HUB.
S143 Determination of committal proceeding where accused elects to stand trial
(1) Any time after service of HUB on A, may elect to stand trial
(2) Election made by (a) filing with reg. a notice in form presc. by rules of court/signed by A, (b) serving copy per s 392 on informant
(3) ASAP after a notice filed with the registrar under this section, MC must (a) if A in custody, direct be brought before the court
(b) if A is not in custody, direct that summons to attend or warrant to arrest be issued
(4) on attendance of A before MC, if satisfied A understands nature and consequence of election, must commit accused for trial per s 144
S 144 Procedure before and on committing accused for trial
(1) before committing A to trial, MC must ask (a) whether A PG/NG (b) inform the A that the sentencing court may take into account a PG and the stage in the proceeding at which the plea or an intention to PG is indicated
(2) on committing A for trial, MC must
(a) if A not LR during comproc: (i) explain importance of LR (ii) advise A has right maybe to legal aid; (iii) warn A that if wishes to be legal aid, it’s their responsibility to make application to VLA ASAP; (b) explain to A, in a manner likely to be understood by A,
(i) alibi provision s 190, if relevant, (ii) ss 342, 344, 346 (iii) any other info required to be given by rules of court
(c) if A is NP, remand in custody, or grant bail, until trial date
(d) if corporate A, order to appear by rep or LP on trial date
