Commital Proceedings

Question 1

What are commital proceedings?

Answer 1

Commital proceedings are pre-trial procedures that take place in the Magistrate’s court in indictable offence trials where the accused pleads not guilty.

Question 2

What is the purpose of committal proceedings?

Answer 2

To decide whether the prosecution has a suffient amount of evidence to hold a conviction against the accused for the offence charged. It also is to figure out the pleas of the accused, decide whether the indictable offence can be heard summarily

Question 3

How do committal proceedings uphold fairness?

Answer 3

• The relevant charge can be dropped to ensure that the accused does not have to unfairly, unnecessarily defend themselves against a charge.
• Accused can see the evidence against themselves, allowing them to best prepare

Question 4

How does committal proceedings limit equality?

Answer 4

Prosecution and accused are not on equal footing, as the accused can see the prosecution’s case by not the other way around

Question 5

How does committal proceedings uphold access?

Answer 5

• Accused can see the evidence against themselves
• Ensures only stronger cases go to trial, freeing up time for other cases

Question 6

How do committal proceedings limit access?

Answer 6

Not timely as it adds a step