Committal Hearings

Question 1

What are commits hearings?

Answer 1

• It is where the prosecution presents their case.
• The magistrates decides if there is sufficient evidence to support a conviction (if a prima facile is established)
• if the prima facile is established, the trial can proceed and the accused can be released on bail or held in remand
• if prima facile is not established, discharge; try later

Question 2

Strengths of communal hearings

Answer 2

• They help save time and resources of higher courts by distinguishing the cases that have enough evidence from those that don’t.
• They allow the accused to know the case held against them. This helps them prepare their own case and may help them decide on an early plea. They will also not be surprised by new witnesses.
• The prosecution is given the opportunity to withdraw some charges or combine some charges, to save the time of the higher courts.

Question 3

What are the weaknesses of committal hearings?

Answer 3

• Legal representation can be expensive, so it adds cost to the accused if they are not working, and could increase the risk of an unfair outcome.
• Committal proceeding add to the delay of getting to a trial and as such can reduce access to the CJS and can increase the risk of an u fair outcome.
• They can contribute to the stress and trauma of the accused, victim and their families. Victims may not want to give evidence, which reduces access to the CJS.