101. Filing hearingRead more...
At a filing hearing, the Magistrates' Court may—(a) fix a date for a committal mention hearing;
(b) fix a period of time for service of a hand-up brief;
(c) make any order or give any direction that the court considers appropriate.
100. Hearings in a committal proceeding and attendance of accused
(1) The hearings that may be held in a committal proceeding are—(a) a filing hearing;
(b) a special mention hearing;
(c) a compulsory examination hearing;
(d) a committal mention hearing;
(e) a committal case conference;
(f) a committal hearing.
(2) An accused must attend all hearings in the committal proceeding against the accused unless excused under—(a) section 135, in the case of a committal hearing; or
(b) section 330, in any other case.
99. Time limit for determining certain committal proceedings for a sexual offenceRead more...
(1) This section applies to a committal proceeding for a sexual offence if—(a) the complainant was a child or a person with a cognitive impairment when the criminal proceeding was commenced; and
(b) a witness other than the complainant is to be cross-examined in the committal hearing.
(2) The Magistrates' Court must determine a committal proceeding to which subsection (1) applies within 2 months after the committal mention hearing or, if more than one committal mention hearing is held, the final committal mention hearing.
(3) The Magistrates' Court may fix a longer period for the determination of a committal proceeding to which subsection (1) applies if the court is satisfied that it is in the interests of justice that another period should be fixed having regard to—(a) the seriousness of the offence; and
(b) the reason a longer period is required.
(4) Subsection (2) does not apply if—(a) the accused has failed to attend in accordance with the conditions of his or her bail; or
(b) a warrant to arrest the accused has been issued and at the end of the relevant period referred to in section 126(1) the accused has not been arrested; or
(c) the accused requests that the committal proceeding be determined after the period referred to in subsection (2) and the Magistrates' Court is satisfied that in the interests of justice the request should be granted.
(5) If a committal proceeding to which subsection (1) applies has not been determined before the expiry of the period referred to in subsection (2), or any longer period fixed under subsection (3), the Magistrates' Court may, on the application of the accused, order that the accused be discharged
98. When a committal proceeding commencesRead more...
A committal proceeding commences on the commencement of a filing hearing.
Notes
1 See section 6(1) as to when a criminal proceeding is commenced.
2 Section 102 provides for the fixing of a date for a filing hearing.
97. Purposes of a committal proceedingRead more...
The purposes of a committal proceeding are—(a) to determine whether a charge for an offence is appropriate to be heard and determined summarily;
(b) to determine whether there is evidence of sufficient weight to support a conviction for the offence charged;
(c) to determine how the accused proposes to plead to the charge;
(d) to ensure a fair trial, if the matter proceeds to trial, by—(i) ensuring that the prosecution case against the accused is adequately disclosed in the form of depositions;
(ii) enabling the accused to hear or read the evidence against the accused and to cross-examine prosecution witnesses;
(iii) enabling the accused to put forward a case at an early stage if the accused wishes to do so;
(iv) enabling the accused to adequately prepare and present a case;
(v) enabling the issues in contention to be adequately defined.
96. When a committal proceeding must be heldRead more...
A committal proceeding must be held in all cases in which the accused is charged with an indictable offence, except cases where—(a) a direct indictment is filed; or
(b) the charge is heard and determined summarily.
95. DefinitionRead more...
In this Chapter—
the registrar means the registrar at the venue of the Magistrates' Court at which a committal proceeding is, or is to be, held.
30. Procedure for indictable offences that may be heard and determined summarilyRead more...
(1) The informant or the accused may apply for a summary hearing under section 29(1).
(2) Without any application under subsection (1), the Magistrates' Court may offer a summary hearing under section 29(1).
(3) An application for, or an offer of, a summary hearing may be made at any time before the Magistrates' Court determines whether to commit the accused for trial.
Note
Section 6(4) provides that an informant may include a request for a committal proceeding in a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily.
(4) If an application for a summary hearing is made before the hearing of any evidence, the Magistrates' Court may seek from the prosecutor or, if the informant is appearing in person, the informant and he or she must give-
(a) an outline of the evidence which will be presented for the
prosecution; and
(b) any other information which the court considers relevant-
for the purpose of enabling the court to determine whether to grant a summary hearing.
(5) Any statement made by the prosecutor or informant under subsection (4) is not admissible in evidence in any subsequent proceeding in respect of the charge.
(6) If the Magistrates' Court grants a summary hearing, the hearing and determination of the charge must be conducted in accordance with Part 3.3.
Note
Sections 112A to 113D of the Sentencing Act 1991 provide for maximum penalties in the Magistrates' Court.
(7) Subject to subsection (8), if-
(a) a committal hearing commences; and
(b) the Magistrates' Court subsequently grants a summary hearing-
the court may, with the consent of the accused, admit as evidence in the summary hearing-
(c) the oral evidence of any witness; and
(d) the statement of any witness; and
(e) any document or exhibit-
given or tendered during the committal hearing.
(8) If evidence is admitted under subsection (7)-
(a) the Magistrates' Court must, at the request of the informant or the accused, call or recall (as the case requires) any witness for examination or cross-examination; and
(b) the hearing must otherwise be conducted in the same manner as a proceeding for a summary offence.
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