On this page:
·Why Have A Committal Hearing?
·How Do You Have A Committal Hearing?
Why Have A Committal Hearing?
To afford the accused person fairness at their trial by exploring evidence in certain areas in a local court hearing prior to a trial. A committal hearing might also result in the accused person being discharged because the evidence is incapable of satisfying a properly instructed jury. Another example of a worthwhile committal hearing is where as a result of the evidence obtained it leads to a ‘no bill’ application being made so that the charges are withdrawn prior to trial.
How Do You Have A Committal Hearing?
An experienced criminal lawyer will recognize whether or not it is desirable to run a committal hearing, and make application for the cross examination of witnesses on specific areas of cross examination. Depending on which section of the legislation applies, the defence must establish that there are either special reasons or substantial reasons why in the interests of justice a witness should be cross examined.Deciding whether or not to apply for a committal hearing is something that should be determined by a criminal law specialist, preferably an accredited specialist in criminal law. Failure to appreciate the potential benefits of a committal hearing and failure to make proper application can severely prejudice an accused person.