Pre-Trial Procedures

Question 1

What are they?

Answer 1

Pre-trial procedures are the steps that happen before a trial in court. They include:

• Pleadings
• testing evidence
• encouraging early guilty plea

Question 2

What is their purpose?

Answer 2

The main purpose of pre-trial procedures is to:

Clarify issues: So both sides know what’s being argued.

Avoid surprises: By sharing evidence ahead of time.

Encourage settlement: So the case might be resolved without a trial.

Ensure a fair trial: By preparing both parties for court.

• plea negotiation

Question 3

What is a ‘plea negotiation’ and when is it used?

Answer 3

A plea negotiation is when the prosecution and the defence discuss the charges. The defendant may agree to plead guilty to a lesser charge or fewer charges to drop another one. It’s used:

• To save time and resources by avoiding a full trial.
• When both sides agree on a fair outcome without going to court.

Question 4

What are the key elements of a ‘committal hearing’?

Answer 4

A committal hearing is a process used for serious criminal cases to decide if there’s enough evidence for the case to go to trial.

Key elements:

• The magistrate reviews the evidence.
• Witnesses may be questioned.
• The magistrate decides if there’s enough evidence to proceed to trial.

Question 5

How do pre-trial procedures benefit the legal system in Victoria?

Answer 5

Pre-trial procedures help:

Speed up trials: By resolving issues early and narrowing down what needs to be argued in court.

Save court time: Some cases get settled before they even go to trial.

Make trials fairer: By ensuring both sides have all the information and evidence they need.