Evaluation of the recent committal hearing reform
1. The recent committal hearing reforminvolves committal hearings for cognitively impaired complainants and child complainants in sexual offence matters being abolished in 2019.
2. The Justice Legislation Miscellaneous Amendment Act 2018 (Vic) came into effect in March 2019, abolishing committal hearings for cognitively impaired complainants and child complainants in sexual offence matters, even if the matter involves other victims who are adults or have no impairment. These types of matters are called ‘special hearing matters. Committal proceedings will continue as normal insofar as the hand-up brief will be served on the accused, and the accused will gain access to copies of all crime reports, witness interview notes and transcripts, and all audio and/orvisual material. There will also be a filing hearing, where a timetable will be set for the prosecution to disclose materialand evidence to the accused.
A committal mention (a preliminary hearing where the accused can dispute evidence and make a submission on whether the evidence is of sufficient weight to support a conviction on the charges) will be held, but no committal will be held beyond this. Therefore, no permission to examine witnesses at committal stage will ever be given. If the accused wishes to cross-examine a witness, they must make an application to the trial court instead – in other matters, this would normally be first available at the committal hearing.
Section 123 was also reformed to prohibit cross-examination of these complainants in any proceeding in the Magistrates’ Court.
3. Responses will vary according to the principle of justice selected.
4. Responses will vary according to the principle of justice selected.
5. The task word ‘critically examine’requires a balanced response that points out both arguments in favour and concerns in relation to the reform. An overall judgmentis also required, judging the relative strengths of the arguments supported with evidence.For example, a student might argue that the abolition of committal hearings in some sexual offence matters does achieve the principles of justice in the criminal law system. In this case, ‘critically examining’ the extent to which this reform increases the achievement of the principles of justice overall in the criminal law system requires students to write about relevant arguments in favour and concerns in relation to the reform.