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Understanding Committal Hearings

NCJ Number
141419
Author(s)
P Salmelainen
Date Published
1992
Length
4 pages
Annotation
Committal hearings in New South Wales (Australia) involve the magistrate, prosecutor, defense lawyer, and defendant. The historic purpose of this type of hearing is to determine whether there is sufficient evidence to bring a case to trial.
Abstract
Prior to the committal hearing, the prosecutor gathers written testimony from his witnesses; the defense is given the opportunity to require these witnesses to give oral testimony during the hearing. If the magistrate rules that the defendant should stand trial, the prosecutor must then decide whether to continue with the proceedings for the offense charged. The committal hearing serves to eliminate weak cases, disclose key elements of the prosecution's case, identify guilty pleas early in the prosecution process, and rehearse the case and clarify issues. There are costs involved in the committal hearing process: publicity, local court time costs, and delay in the prosecution of cases. 1 table, 1 figure, and 26 notes