Committal hearings hold a vital place in New South Wales’ justice system and act as an important step to see if a case should head to trial. They happen in the Local Court, where prosecution evidence gets a close look to judge if it’s strong enough. Only cases that have a fair chance of conviction move on to the District or Supreme Court.

In this comprehensive guide, we will delve into the purpose and process of committal hearings in NSW, exploring the various stages involved, from the filing of a Court Attendance Notice to the potential outcomes of these proceedings. By understanding the intricacies of committal hearings, accused persons, legal professionals, and interested members of the public can gain valuable insights into this critical juncture in the criminal justice process.

Purpose of Committal Hearings

Committal hearings serve as a critical preliminary stage in the criminal justice process for serious indictable offences. A magistrate reviews the prosecution’s evidence to determine whether there is sufficient evidence for the case to proceed to trial in a higher court.

The primary objective is to assess the strength of the prosecution’s case before it moves to the District Court or Supreme Court. Under the Criminal Procedure Act 1986, the magistrate must decide whether there is a reasonable possibility that a reasonable jury, properly instructed, would convict the accused. This is known as the ‘prima facie test’.

The committal process also serves important case management functions. It allows the prosecution to determine which charges will proceed and provides the accused with an opportunity to plead guilty or not guilty. Additionally, it enables the defence to better understand the case against their client through access to the brief of evidence.

The brief of evidence must include all evidence making up the prosecution case, any other material that may reasonably be relevant to the accused’s case, and any material that could impact the strength of the prosecution’s case. This comprehensive disclosure helps ensure procedural fairness and allows the defence to properly prepare their case.

In 2018, significant changes were made to the committal process in NSW. While committal hearings as previously known were abolished, magistrates still maintain important oversight of proceedings from charge through to committal. They ensure compliance with procedural requirements like the service of the brief of evidence and the filing of charge certificates.

Types of Committal Proceedings

There are three main categories of committal proceedings that serve different purposes in the criminal justice process.

Waiver of Committal

A waiver of committal allows defendants to skip the committal process entirely. This option requires the prosecution’s consent and was introduced to help reduce delays and expenses. When both parties agree to a waiver, the case moves directly toward trial in the higher court.

Paper Committal

Paper committals involve the magistrate reviewing the prosecution’s brief of evidence to determine if the case should proceed to a higher court. During this process, the magistrate examines the written materials, including witness statements, police statements, and other documentary evidence. In practice, magistrates typically conduct a brief review before ordering the case to be committed to the higher court.

Defended Committal Hearing

A defended committal hearing involves witnesses being directed to attend court to give oral evidence. To have witnesses attend, the defence must demonstrate “substantial reasons” in the interests of justice. For alleged victims, an even stricter test applies – there must be “special reasons” to justify their attendance. These hearings are less common due to their length and cost implications.

The prosecution may agree to bring certain witnesses and establish parameters for defence questioning. If they don’t agree, the defence can submit written arguments through a “section 91 application” explaining why specific witnesses should be required to attend. For alleged victims, a “section 93 application” is required.

Evidence in Committal Hearings

Brief of Evidence

The brief of evidence is a crucial document in committal proceedings that must be served on the accused or their lawyer. It must contain all evidence that forms the prosecution case, including any material that may reasonably be relevant to the accused’s case or impact the strength of the prosecution’s case.

The prosecution must ensure the brief includes all witness statements, police statements, forensic evidence, expert statements, and any other relevant materials like CCTV footage or surveillance records. This comprehensive collection of evidence allows the defence to properly understand and respond to the case against them.

Examination of Witnesses

After a charge certificate has been filed, either the prosecution or defence can apply to have witnesses attend court for examination during committal proceedings. The magistrate may only direct a witness to attend if there are substantial reasons why the person should give oral evidence in the interests of justice.

Some examples of substantial reasons might include situations where:

• Cross-examination could lead to the discharge of the defendant
• Cross-examination may significantly undermine a key witness’s credibility
• Cross-examination is necessary to prevent the defendant being taken by surprise at trial

Important restrictions apply to witness examination applications. For instance, complainants in sexual offence matters who are cognitively impaired or were under 16 when the alleged offence occurred cannot be directed to attend as witnesses. The magistrate must also be satisfied there are “special reasons” for requiring certain vulnerable witnesses to give evidence.

The New Committal System

The committal process in NSW underwent significant changes in 2018 with amendments to the Criminal Procedure Act 1986. These reforms abolished traditional committal hearings and introduced new procedures focused on charge certification and case conferencing.

Charge Certification

After the brief of evidence is served on the defence, the prosecution must file a charge certificate specifying the charges being proceeded with. The certificate must detail:

• The charges being pursued
• Any backup or related charges
• Charges that were laid but will not proceed
• Any other matters prescribed by regulations

The prosecution must certify that sufficient evidence exists to establish the accused’s guilt for each element of the offences listed on the certificate. This process ensures only viable charges move forward in proceedings.

Case Conferencing

Once a charge certificate is filed, parties must participate in a case conference if the accused has legal representation. The magistrate must first explain both the committal process and the sentencing discount scheme to help defendants understand potential benefits of early guilty pleas.

Key aspects of case conferencing include:

• An eight-week adjournment period to allow the conference to occur
• Mandatory participation by prosecution and defence representatives
• Discussion of charges and potential plea agreements
• Documentation of outcomes in a case conference certificate

Case conferences are not required if the defendant is unrepresented, pleads guilty before the conference, or if there are questions about their fitness to be tried.

Possible Outcomes of Committal Hearings

A committal hearing in NSW can result in several different outcomes that determine how a case proceeds through the criminal justice system. The magistrate must carefully evaluate the evidence presented to make their determination.

Dismissal of Charges

When the prosecution’s evidence is deemed insufficient to establish a prima facie case, the magistrate may dismiss the charges against the accused. This occurs when there is not enough evidence that could allow a reasonable jury to convict the defendant. The prosecution must demonstrate there is a reasonable prospect that a jury would find the accused guilty beyond reasonable doubt.

Commitment for Trial

If the magistrate finds sufficient evidence exists to support the charges, they will commit the matter to a higher court – either the District Court or Supreme Court – for trial. The accused must then enter a plea of guilty or not guilty. Once committed, the matter moves to the higher court where it will proceed through pre-trial procedures and ultimately to trial if a not guilty plea is maintained.

The higher court will then manage all further proceedings, including:

• Pre-trial hearings and applications
• Setting trial dates
• Managing bail conditions
• Conducting the trial itself
• Sentencing if found guilty

Conclusion

Committal proceedings play a vital role in the NSW criminal justice system, serving as a crucial gateway between the Local Court and higher courts for serious criminal matters. The 2018 reforms have significantly transformed these proceedings, replacing traditional committal hearings with streamlined processes focused on charge certification and case conferencing.

The new system emphasises efficiency and early case management while maintaining essential protections for accused persons. Understanding these changes is crucial for anyone involved in criminal proceedings, as they directly impact how serious criminal cases progress through the courts. Whether dealing with charge certification, case conferences, or witness examination applications, each step requires careful consideration and proper legal guidance.

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