Criminal Procedure Act 1986 No 209
Division 2 Committal proceedings generally
55 Outline of committal proceedings steps
Subject to this Part, the steps for committal proceedings are generally as follows—(a) committal proceedings are commenced by the issuing and filing of a court attendance notice,(b) a brief of evidence is served on the accused person by the prosecutor,(c) a charge certificate setting out the offences that are to be proceeded with is filed in the Local Court and served by the prosecutor on the accused person,(d) if the accused person is represented, 1 or more case conferences are held by the prosecutor and the legal representative for the accused person,(e) if the accused person is represented, a case conference certificate is filed in the Local Court,(f) the accused person pleads guilty or not guilty to each offence being proceeded with and the Magistrate commits the accused person for trial (if the accused person pleads not guilty) or for sentence (if the accused person pleads guilty).
56 Magistrate to conduct committal proceedings
(1) Committal proceedings are to be conducted by a Magistrate.(2) A Magistrate may fix days for the purpose of taking steps or doing other things in committal proceedings.
57 Committal proceedings to be heard in open court
(1) Committal proceedings are to be heard as if in open court.(2) This section is subject to any other Act or law.(3) For the purpose only of facilitating the use of an electronic case management system established under the Electronic Transactions Act 2000 in committal proceedings, the hearing of a matter may be conducted in the absence of the public, with the consent of the parties to the proceedings concerned, if the matter—(a) arises after the first appearance of the accused person in committal proceedings, and(b) is of a procedural nature, and(c) does not require the resolution of a disputed issue, and(d) does not involve a person giving oral evidence.
58 Application of other procedural provisions to committal proceedings
The following provisions of this Act apply, subject to any necessary modifications and to any provision of this Part, to committal proceedings conducted by a Magistrate in the same way as they apply to proceedings for offences before the Local Court—(a) sections 30, 36, 37, 38, 39, 40, 41 and 44,(b) Part 3 (Attendance of witnesses and production of evidence in lower courts) of Chapter 4,(c) Part 4 (Warrants) of Chapter 4.Note.The Chief Magistrate may issue practice notes about the practice or procedure to be followed in criminal proceedings (see sections 26 and 27 of the Local Court Act 2007).
59 Explanation of committal process and discount for guilty plea
(1) The Magistrate in committal proceedings must give the accused person—(a) if the accused person is not represented by an Australian legal practitioner in the committal proceedings—an oral and written explanation of the following matters—(i) the committal process under this Part, including charge certification and committal for trial or sentence,(ii) the scheme under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for the sentence discount that applies in the case of a guilty plea, or(b) if the accused person is so represented—(i) a written explanation of the committal process under this Part, including charge certification, case conferences and committal for trial or sentence, and(ii) an oral and written explanation of the scheme under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for the sentence discount that applies in the case of a guilty plea.(2) The explanations must be given—(a) if a case conference is required to be held, after the charge certificate is filed and before the first day on which a case conference is held, or(b) in any other case, after the charge certificate is filed and before the day on which the accused person is committed for trial or sentence.(3) The explanations are to include the matters prescribed by the regulations for the purposes of this section.(4) The Magistrate is not required to give an explanation of the scheme for the sentence discount in a case concerning an offence under a law of the Commonwealth.(5) A failure by a Magistrate to comply with this section does not affect the validity of anything done or omitted to be done by the Magistrate or any other person in or for the purposes of the committal proceedings.
60 Application of Drug Court proceedings
An accused person may be dealt with under the Drug Court Act 1998 at any stage of committal proceedings despite any requirement of this Part.