Committal proceedings, Plea negotiations and sentence indications

Question 1

Define committal proceedings

Answer 1

A committal proceeding is a term used to describe the processes and hearings that take place in the Magistrates’ Court for indictable offences before it proceeds to the higher court (County or Supreme Court). One of the purposes of the committal proceeding is to determine whether there is enough evidence in an indictable case to support a conviction at trial.

Question 2

Purposes of committal proceedings

Answer 2

.To see whether charge for an indictable offence is .appropriate o be heard and determined summarily
.Decide if there’s sufficient evidence to support .conviction
.Find out whether accused is pleading guilty or not guilty
.Make sure there is a fair trial

Question 3

Strengths of committal proceedings

Answer 3

Save time and resources
Accused is informed of the prosecutions case (can help decide on plea and prepare case)
Onus on prosecution to provide evidence of sufficient weight to the court
Prosecution can withdraw or combine charges to achieve fairer trial
Accused can test the strength of case against them

Question 4

Weaknesses of committal proceedings

Answer 4

Complicated. Multiple steps (cross-examination)
Expensive as legal representation is required
Adds delay in case reaching trial which can reduce access to criminal justice system and can increase chance of unfair outcome
Can cause stress and trauma experienced by accused, victims and their families
Can be unnecessary for strong cases

Question 5

Define plea negotiations

Answer 5

Plea negotiations are pretrial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid

Question 6

Purposes of plea negotiations

Answer 6

Resolve a case by ensuring that a guilty plea to a charge reflects the crime committed

Provide prompt resolution to a case – avoiding cost, time, stress, trauma and the inconvenience of a trial

Question 7

When are plea negotiations appropriate

Answer 7

Where there are issues wit the availability, reliability or willingness of crucial witnesses – particularly victims

When there are issues with the admissibility of key pieces of evidence

When the original charge by the police was incorrect

If the prosecution believe some witnesses may not be believable when giving evidence before a jury, putting at risk securing a guilty verdict.

Question 8

When are plea negotiations not appropriate

Answer 8

Where the victim does not wish for lesser charges to be considered, although the prosecution has no obligation to follow their wishes

In high profile cases, due to the lack of transparency around the negotiations

Question 9

Strengths of plea negotiations

Answer 9

Saves cost of trial

Prompt determination of case (avoids delays, increases
the public’s confidence in the legal system)

Saves victims/witnesses the stress and trauma of trial

Justice is still being served – the agreement must reflect the crime

Possible reduced sentence for the accused

Certainty of outcome for parties

Question 10

Weaknesses of plea negotiations

Answer 10

Occurs outside of court so public are unaware of the negotiations – lack of transparency

Victim may feel the accused is getting let off easily

Accused may feel pressured to accept agreement (particularly where self-represented)

Public may feel the accused is being let off/getting a reduced sentence

Question 11

Define sentence indication

Answer 11

A statement made by a judge to an accused about the sentence they could face if they plead guilty to an offence

Question 12

Purposes of sentence indications

Answer 12

Provide clarity of likely sentence to encourage early guilty pleas

Save cost, time, resources, stress and inconvenience of trial

An early plea means early closure for all parties

Question 13

When are sentence indications appropriate

Answer 13

‘Borderline cases’, where it is not clear whether imprisonment would be the ultimate sentence or not

Victimless crimes, such as some drug offences and fraud, where a victim’s views do need to be taken into consideration at sentencing

Question 14

When are sentence indications not appropriate

Answer 14

Serious indictable offences, where imprisonment is certain if the accused person is found guilt (e.g. murder)

Some crimes against the person (sexual offences, assault) as the sentence indication process may not allow sufficient scope may not allow for a victims views to be taken into account

Question 15

Strengths of sentence indication

Answer 15

Prompt justice (early determination of case) – minimises stress and trauma for all parties; saves money/resources

Provides greater certainty for the accused

If the accused is not bound to accept, the accused can choose to carry on with the trial

Indication given by experienced and impartial judge or magistrate who has expertise in the area of law and in sentencing

If the accused pleads straight away they cannot be given a harsher sentence than the sentence indication

If rejected, the court is not bound by the indication and a new judge/magistrate is used

Victim impact statements can be considered beforehand

Question 16

Weaknesses of sentence indication

Answer 16

Application for sentence indication can be refused by judge or if the prosecution doesn’t consent

Could deny he victim their ‘day in court’

Indications may be given before all the facts are admitted into evidence/proven – and the court cannot impose a harsher sentence if the accused pleads guilty

For indicatable offences, prosecution must consent

For indictable offences, limited information is provided in the indication (only whether or not imprisonment is likely)