Committal procedure
Encyclopedia
In law
, a committal procedure is the process by which a defendant is charged with a serious offence under the criminal justice
systems of all common law
jurisdictions outside the United States
. The committal procedure, sometimes known as a preliminary hearing
, replaces the earlier grand jury
process.
In most jurisdictions criminal offences fall into one of three groups:
There are less serious (summary
) offences which are usually heard without a jury
by a magistrate
. These are roughly equivalent to the older category of misdemeanor
s (terminology that is now obsolete in most non-U.S. jurisdictions).
There are intermediate offences which are indictable
(equivalent to an old-style felony
), but which can be heard summarily. For instance, theft is usually a serious offence. If however the charge is that the defendant stole a packet of biscuits worth only a very small amount, it would probably be heard by a magistrate. In Canada
, these are known as Hybrid offence
s, whereas in England and Wales
, these are known as either way offences, and can only be heard summarily with the defendant's consent and if the Magistrates' Court finds that matter is suitable for summary trial. In Victoria, Australia they are called indictable offences triable summarily. As well as the defendant's consent the Magistrate must regard the offence as appropriate to be heard in the lower court.
Finally, there are serious matters which must be dealt with in the higher courts, usually before a jury. When one is charged with an offence of the third type, a preliminary hearing is first held by a magistrate to determine whether there is sufficient evidence to warrant committing the defendant
for trial. That is, whether there is sufficient evidence such that a properly instructed jury could (not would) find the defendant guilty. It is a very low-level test. The majority of committal proceedings result in a committal to trial.
In some jurisdictions the prosecuting authority
may directly present a defendant for trial regardless of the result of the committal proceedings by filing an ex officio indictment. Equally, the prosecuting authority usually has the power to stop any prosecution by entering a Nolle prosequi
. In many jurisdictions the right of a defendant to cross-examine witnesses during the committal is reliant on the defence establishing that it is in the interests of justice or to illuminate some relevant point. The defence very rarely calls witnesses at a committal.
Though the majority of committal proceedings result in trial, the majority of committal proceedings for those accused of rape do not result in trial in the UK, something that campaigners have tried to change for decades.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a committal procedure is the process by which a defendant is charged with a serious offence under the criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
systems of all common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions outside the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The committal procedure, sometimes known as a preliminary hearing
Preliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
, replaces the earlier grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
process.
In most jurisdictions criminal offences fall into one of three groups:
There are less serious (summary
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
) offences which are usually heard without a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
by a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
. These are roughly equivalent to the older category of misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s (terminology that is now obsolete in most non-U.S. jurisdictions).
There are intermediate offences which are indictable
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
(equivalent to an old-style felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
), but which can be heard summarily. For instance, theft is usually a serious offence. If however the charge is that the defendant stole a packet of biscuits worth only a very small amount, it would probably be heard by a magistrate. In Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, these are known as Hybrid offence
Hybrid offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment...
s, whereas in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, these are known as either way offences, and can only be heard summarily with the defendant's consent and if the Magistrates' Court finds that matter is suitable for summary trial. In Victoria, Australia they are called indictable offences triable summarily. As well as the defendant's consent the Magistrate must regard the offence as appropriate to be heard in the lower court.
Finally, there are serious matters which must be dealt with in the higher courts, usually before a jury. When one is charged with an offence of the third type, a preliminary hearing is first held by a magistrate to determine whether there is sufficient evidence to warrant committing the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
for trial. That is, whether there is sufficient evidence such that a properly instructed jury could (not would) find the defendant guilty. It is a very low-level test. The majority of committal proceedings result in a committal to trial.
In some jurisdictions the prosecuting authority
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
may directly present a defendant for trial regardless of the result of the committal proceedings by filing an ex officio indictment. Equally, the prosecuting authority usually has the power to stop any prosecution by entering a Nolle prosequi
Nolle prosequi
Nolle prosequi is legal term of art and a Latin legal phrase meaning "to be unwilling to pursue", a phrase amounting to "please do not prosecute". It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor's decision to voluntarily discontinue criminal charges...
. In many jurisdictions the right of a defendant to cross-examine witnesses during the committal is reliant on the defence establishing that it is in the interests of justice or to illuminate some relevant point. The defence very rarely calls witnesses at a committal.
Though the majority of committal proceedings result in trial, the majority of committal proceedings for those accused of rape do not result in trial in the UK, something that campaigners have tried to change for decades.
See also
- Civil confinementCivil confinementCivil confinement is a controversial procedure permitted by a law passed in New York, advocated by the former governor, Eliot Spitzer, allowing the civil commitment of sex offenders because they are deemed by a court to be a danger to themselves or to society. One political commentator on the topic...
- Grand juryGrand juryA grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
- Preliminary hearingPreliminary hearingWithin some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
- Warrant of committalWarrant of committalWarrant of Committal is a legal term used by the law systems of Canada and the United Kingdom, which allows a magistrate or judge to enforce a judgment or order against a person or corporation that has refused or neglected to comply with a known court judgment or order within a known fixed period...