Committals

Before an adult charged with an indictable sexual offence can be sent for trial, a committal hearing may be held. Committal hearings or proceedings are a preliminary examination of the evidence by a magistrate or other judicial officer. Where the judicial officer finds there is sufficient evidence to support a conviction, the accused is committed to stand trial in a higher court. In many cases a committal hearing will be determined on the basis of documentary evidence alone, which is referred to as a ‘paper’ or ‘hand-up’ committal.

The result of this is that victims may be required to give evidence twice and be subject to cross-examination at both committal and trial. The Commissions are of the view that there is little or no benefit in requiring that complainants give evidence twice. There should be a complete prohibition in all states and territories on complainants in sexual offence proceedings being required to attend committal hearings in person.