Bill to streamline committal processes debated

The Justice Legislation Amendment (Committals) Bill 2024 will abolish the committal test, introduce mandatory case conferences and establish other changes, including allowing adults to appear via audiovisual link at committal hearings with the intention of reducing costs, logistical challenges and security risks.  

In his second reading speech, Minister for Police and Crime Prevention, Anthony Carbines said the new measures would enhance efficiency, reduce delays and protect victims and witnesses by streamlining committal processes.

‘The system of commencing criminal proceedings in a lower court before committing the case to a higher court for trial or sentence emerged before independent police forces and prosecution agencies existed, when magistrates were required to review the evidence to filter out private prosecutions without merit,’ he said.

‘The current committals system still requires magistrates to undertake this function by assessing whether the evidence is of sufficient weight to support a conviction for any indictable offence (the ‘committal test’). While this requires significant time and resources in the lower courts, the threshold for committing matters is low and it is rare for a magistrate to decide not to commit an accused. In addition, even if a case is discharged at committal, the Director of Public Prosecutions may commence proceedings by way of direct indictment.’

“ 'The system of commencing criminal proceedings in a lower court before committing the case to a higher court for trial or sentence emerged before independent police forces and prosecution agencies existed.' ”

Anthony Carbines, Minister for Police and Crime Prevention

Shadow Attorney-General Michael O’Brien said reforming committals could deliver some positives to the justice system and, as such, the opposition would not oppose the bill ‘at this point’.   
  
He moved a reasoned amendment to require the government to explain why it chose to implement this recommendation from the Victorian Law Reform Commission review but not implement its other recommendations, and to require the government to commit to a proper review of the implementation of the bill to ensure it operates fairly.  
  
‘The prospect of having less judicial scrutiny of criminal matters in the lower courts could lead to concerns that unmeritorious matters will go to trial, risking further delay, increased costs, and trauma to defendants, complainants, and witnesses,’ he said.  

Member for Laverton, Sarah Connolly said the legislation aimed to replace the test for committal with a new, modern case management process.

“ 'The prospect of having less judicial scrutiny of criminal matters in the lower courts could lead to concerns that unmeritorious matters will go to trial, risking further delay, increased costs, and trauma to defendants, complainants, and witnesses.’ ”

Michael O'Brien, Shadow Attorney-General

‘When we look at the statistics for committal hearings, only about 1 to 2 per cent of cases are discharged at the committal stage, and what this means is that at the moment these hearings are not working as effectively as they could be,' she said.  
  
‘What we are seeing is that they are duplicating the process. They are adding time into the resolution of a dispute and causing witnesses and parties additional stress and, sadly, additional trauma associated with the case, not to mention costing courts resources that could be better spent on resolving other cases.’  

David Southwick, Member for Caulfield, said the legislation raised the question of fairness.

‘Fairness for victims would be at least having a judicial decision to explain it rather than the DPP simply deciding not to continue based on the weakness of the case. It is effectively putting, again, more of the powers in the hands of the DPP and not allowing the proper judicial process to take its course,’ he said.

Josh Bull, Member for Sunbury, said the changes brought about by the legislation would streamline the processes by maximising our use of existing resources.

‘The bill will abolish the test for committal; require committal case conferences in most matters to ensure appropriate disclosure, enabling the accused to know the case against them; support narrowing and early resolution of issues; and promote trial readiness,' he said.

'It will ensure the accused’s right to a fair trial by clarifying the need to disclose material that undermines the prosecution case or supports the defence case; reducing duplicative cross-examination by strengthening the test; prohibiting the cross-examination of witnesses and victims in sexual offences, family violence and stalking matters at the committal stage; allowing children and people with cognitive impairments to give prerecorded evidence; fast-tracking the most serious matters to the Supreme Court for management and a faster resolution; and finally, enabling the appropriate use of audiovisual appearances for persons in custody and allowing certain officers and investigations to witness statements.'  

The bill has now gone to the Legislative Council for further consideration.

You can find more of the debate in Hansard on November 26.