Committal Proceedings

Question 1

Define committal proceedings

Answer 1

They are the preliminary hearings that are undertaken in order to determine whether there is sufficient evidence in a case to warrant a trial. They also enable the magistrate to determine prima facie cases

Question 2

What is the purpose of committal proceedings (4)

Answer 2

1. DETERMINE there is enough evidence to LIKELY GAIN a CONVICTION in a higher court
2. DETERMINE whether or not the case can be heard SUMMARILY in the magistrates court
3. DETERMINE THE PLEA of the accused
4. FREE UP RESOURCES if the case is not strong enough

Question 3

Where are committal proceedings conducted and how can they be conducted (2 different ways)

Answer 3

They are conducted in the magistrates court and are either conducted through oral evidence or written statements