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Cross Examination of Witnesses during Committal Proceedings Points of View…
Cross Examination of Witnesses during Committal Proceedings Points of View
Criticism
Long delays due to unproductive cross exam of witnesses - Dep of Justice and Attorn General, Qld Gove, Reform of the Committal Proceedings Process (Discussion Paper) 2008, 6-7.
Costly
Traumatic/stressful for victims and witnesses
Arguments have been put forward as to the necessity of committal hearings on the basis that in the absence of one it does not necessarily result as an unfair trial.
It has been suggested that committal hearings have been used as a way for the defence to gain an advantage on the case.
Said to be ineffective at filtering out cases which are 'too weak to stand trial'. - A Prosecution Perspective, Mark Weinberg QC Commonwealth Director of Public Prosecutions Canberra, ACT at p 140 often cases with little to no standing meet the low evidentiary standard in the magistrate to be transferred to a higher court.
Limitations on ability to cross exam certain types of witnesses in some jurisdictions, eg: children or minors, mentally impaired, sexual assault victims
Inconsistencies with witness statements as they are taken and retaken over a period of time leading to further delays.
Certain lines of questioning resulting in the witnesses reluctance to testify.
Inconvenient, rigorous, time consuming process
Support
Helps to ensure an innocent person does not endure a lengthy and stressful trial for unfounded or malicious claims against them.
Informs the defendant of the case laid against them.
Provides the defence with time to prepare their argument based on the evidence put forward by the prosecution.
Disclosure of evidence and witness statements.
Helps to protect an individuals right to a fair trial
.
Provides for a verbal statement of evidence to support the written statement of the witness
Allows for a careful and thorough examination of the evidence
Purpose: Disclosure of Evidence of Prosecutions Case
Notes:
What are the laws regarding cross examination of special victims or witnesses such as those with mental or physical impairments or minors?
What makes committal hearings so costly?
Exactly how long can a committal procedure take?
Would the costs of going to trial without a committal be higher than the actual committal procedure would have cost?
If so, wouldn't the increased number of cases going straight to trial in a higher court be far more costly than conducting committal hearings?
See: Justices Act 1886
Aboriginal and Torres Strait Islander Traditional Laws and Customs
See: Evidence Act 1977
How is cross examination of witnesses during committal proceedings necessary to ensuring adequate and timely disclosure of the prosecutions case?