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An accused person has been remanded and is awaiting a committal hearing - VCE - SSCE Legal Studies - Question 7 - 2015 - Paper 1
Question 7
An accused person has been remanded and is awaiting a committal hearing. a. Describe one purpose of remand. b. Discuss the extent to which a committal hearing c... show full transcript
Worked Solution & Example Answer:An accused person has been remanded and is awaiting a committal hearing - VCE - SSCE Legal Studies - Question 7 - 2015 - Paper 1
Step 1
Describe one purpose of remand.
Answer
One of the primary purposes of remand is to ensure the protection of the community. When an individual is remanded, it is typically because there is a concern that they may reoffend if released, especially if there is a risk of violence or other criminal activities. By keeping the accused in custody during this period, the legal system safeguards the public from potential harm that the individual may cause.
Step 2
Discuss the extent to which a committal hearing could achieve one of the elements of an effective legal system.
Answer
A committal hearing serves a crucial role in the legal system by determining whether there is sufficient evidence to support a conviction at trial. This function directly correlates with the element of ensuring fair and unbiased hearings in an effective legal system. While a committal hearing can enhance the likelihood that only cases with substantial evidence move forward, it can also present challenges. For instance, if the evidence is not strong enough during the committal stage, it may prevent the case from going to trial, thus hindering justice.
However, the process is designed to filter cases, allowing only those with adequate grounds to proceed, which upholds the integrity of the legal system. Moreover, it enables the accused to have clarity on the charges against them and ensures that the legal process is transparent. Ultimately, while committal hearings are beneficial, their effectiveness can vary based on the context of each case.