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Describe one purpose of a committal hearing and explain how it can promote the timely resolution of a criminal case. - VCE - SSCE Legal Studies - Question 2 - 2011 - Paper 1
Question 2
Describe one purpose of a committal hearing and explain how it can promote the timely resolution of a criminal case.
Worked Solution & Example Answer:Describe one purpose of a committal hearing and explain how it can promote the timely resolution of a criminal case. - VCE - SSCE Legal Studies - Question 2 - 2011 - Paper 1
Step 1
One purpose of a committal hearing
Answer
One significant purpose of a committal hearing is to determine whether there is sufficient evidence to support a conviction for the offence charged. During this hearing, the magistrate assesses the evidence presented by the prosecution to decide if it meets the necessary threshold for proceeding to trial. If the evidence is deemed inadequate, the charges can be dismissed, preventing unnecessary trials.
Step 2
How it promotes timely resolution
Answer
A committal hearing promotes the timely resolution of a criminal case by serving as a preliminary evaluation of the evidence. By resolving issues related to the strength of the prosecution's case early, both parties can focus on plea negotiations or other resolutions rather than engaging in a full trial. Moreover, if the evidence is insufficient, defendants can avoid the stress and time associated with trial proceedings, thereby expediting the criminal justice process.