Committal Procedures Via a Hand-Up-Brief

COMMITTAL PROCEDURES VIA A HAND-UP-BRIEF.

A hand-up-brief is most commonly used today for committal procedures, all rape cases MUST proceed this way. Murder or attempted murder must have a hearing.

STEP 1 42 days prior to the Committal mention hearing the Crown will notify the defendant that they intend to use the hand-up brief. Copies of the charge sheet, sworn statements, photographs and other material are served on the defendant.

STEP2 At least 14 days prior to the Committal mention hearing the defendant must notify the prosecution of any intention to question prosecution witnesses. The court must consent to the cross- examination at a Contested mention hearing.

If the defence does not want to cross-examine the Magistrate will decide if the case will proceed to trial based on the deposition alone

PROCEDURE FOR A COMMITTAL HEARING

STEP 1 Committal mention hearing.

The magistrate will be informed of the number of witnesses that will be called and the anticipated length of the hearing. The date is set for the committal hearing. The defendant can make a plea at this stage if they wish, but they don’t have to if they do not wish to. If they plea guilty, a date will be for sentencing in the appropriate court.

STEP 2 Committal hearing.

·  The charge is read out, though the defendant does not have to plea.

·  Prosecution calls its witnesses and they are questioned by the prosecutor under oath.

·  Defence have the opportunity to cross-examine the prosecution’s witnesses.

·  The evidence presented by the prosecutions witnesses is written down in the deposition. This is read out to the court.

·  Defence are asked if they want to plea and?or call witnesses.

·  Magistrate’s ruling, the defendant can either be committed for trial or released as there was no prima facie case.

TASK; Define the 3 terms in bold italics.