Evaluation of pre trial procedures

Question 1

2 strengths of bail

Answer 1

UPHOLD RIGHTS

NEGATIVE INFLUENCES

Question 2

Uphold rights bail strength

Answer 2

Procedures such as bail help to uphold the rights of accused persons by treating them as innocent until they are proven guilty. This is by allowing them to go free and continue to work and be involved in the community, as well as allowing them to prepare their case, while they await the next court date.

Question 3

negative influences bail strength

Answer 3

Research suggests that once a person goes to prison they are more likely to go back. Allowing accused persons to be bailed prevents those people from being exposed to negative influences in prison and decreases the likelihood they will offend again.

Question 4

2 weaknesses of bail

Answer 4

ACCUSED ABSCONDS

REOFFEND

Question 5

Accused absconds bail weakness

Answer 5

As the accused is free in society, there can be a risk that the accused absconds or does not appear at the next hearing. This can prevent justice from being done and can come at a cost if the
police need to investigate where the accused is.

Question 6

Reoffend bail weakness

Answer 6

There is a risk that the accused will reoffend or cause harm to the community. This will risk society as a whole.

Question 7

2 strengths of remand

Answer 7

ENSURES JUSTICE

PROTECTED EVIDENCE

Question 8

Ensures justice remand strength

Answer 8

Remand ensures that justice can be done by keeping the accused in custody. This guarantees that the accused will appear in court at the next hearing and will be tried on the charges.

Question 9

Protected evidence remand strength

Answer 9

Remand can ensure that witnesses are protected and evidence is not impeded by the accused being allowed to go free. This again will ensure that natural justice can take place at trial.

Question 10

2 weaknesses of remand

Answer 10

DISREGARDS RIGHTS

PREPARATION

Question 11

Disregards rights remand weakness

Answer 11

Remand does not uphold the notion that the accused is innocent until proven guilty. Some accused may ultimately be found not guilty of some or all of their charges, making it unfair if they serve time for charges they are found not guilty of.

Question 12

Preparation remand weakness

Answer 12

Remand can affect an accused person’s ability to prepare for trial, relying on visits with his or her legal practitioner and other people such as family and friends to be able to adequately prepare. It also prevents the accused from being able to work, restricting his or her ability to be able to pay for costs such as lawyer fees.

Question 13

2 strengths of committal proceedings

Answer 13

SAVE TIME

PREPARATION

Question 14

Save time committal strength

Answer 14

Committal proceedings and the committal hearing help to save the time and resources of higher courts by filtering out the cases that are unlikely to succeed due to insufficient prosecution
evidence.

Question 15

Preparation committal strength

Answer 15

The committal process allows the accused to be informed of the prosecution’s case against them. This could assist them in deciding how to plead a case, and also assist them in preparing their case.

Question 16

2 weaknesses of committal proceedings

Answer 16

COMPLICATED

DELAYS

Question 17

complicated committal weakness

Answer 17

Extraordinarily complicated. They can involve cross-examination of witnesses, rules of evidence and procedure, and the making of submissions. The committal hearing is also one of many hearings that take place in the committal proceedings. Without experience in those processes, and without the aid of a legal representative, the accused can find it hard to understand.

Question 18

Delays committal weakness

Answer 18

Committal proceedings can add to the delays of getting a case to trial. This has resulted in some cases taking much longer to be resolved than they should be causing distress to the parties.