Evaluation of the recommended committal hearing reform
1. In 2020, the Victorian Law Reform Commission (VLRC) recommended that the test for committals be abolished, and that committal hearings should be replaced by an “issues” hearing in the Magistrates’ Court (so that instead of focusing on filtering out weak cases, the magistrate would focus on identifying issues and exercising effective case management).
2. The VLRC in 2020 reported back on its review into the Victorian committal system. The VLRC recommended that the test for committals be abolished, and that committal hearings should be replaced by an “issues” hearing in the Magistrates’ Court (except for matters within the exclusive jurisdiction of the Supreme Court, which should be filed directly with the Supreme Court). The VLRC recommended that the responsibility for all disclosure of evidence be handed to the Director of Public Prosecutions, even where the matter is a summary offence brought by a police informant. This would ensure clear accountability for ensuring the accused and court have access to complete records of prosecution evidence. The handup brief would remain, and would be served on the accused within a standard five months after the commencement of proceedings (two months if a sexual offence is involved).
The issues hearing recommended by the VLRC would not involve the magistrate applying a test to the evidence, but would instead involve the magistrate exercising case management powers and writing up a statement of issues to inform the higher courts of any matters that arose. The issues hearing would comprise a case conference, an application made by the accused for summary jurisdiction (if the charge is a minor indictable one that can be heard summarily), any applications for pre-trial cross-examination of witnesses that the accused wishes to make, any application for discharge that the accused wishes to make (if they can present an argument that the charges are not supported).
If the accused intended to plead guilty, they would inform the magistrate of this at the case conference, and the magistrate would order the accused at appear in the County Court for to enter their plea and be sentenced.
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 recommended reform. An overall judgment is also required, judging the relative strengths of the arguments supported with evidence. For example, a student might argue that the recommended committal hearing reform does have the ability to increase the achievement of the principles of justice in the criminal law system. In this case, ‘critically examining’ the extent to which the recommended committal hearing reform has the ability to increase 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 recommended reform.