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Committal Proceedings SA

A committal hearing, which is also known as an initial proceeding or preliminary examination, is used for the purpose of determining if there is sufficient evidence to send a defendant to trial, in the District or Supreme Court.

During a committal hearing, the prosecution will present their case against the defendant and call upon witnesses to give their testimony. The defence may cross-examine the witnesses prior to the defence re-examining them. The magistrate will then decide if there is enough evidence to support the case and put the defendant on trial. If there is insufficient evidence, the Magistrate will dismiss the case, meaning the defendant is free to leave.

If there is sufficient evidence, the defendant may plead guilty, which will prompt the Magistrate either to charge the defendant immediately, or to commit them to a later sentencing date. If the defendant pleads not guilty, the defendant will be committed to trial in the District or Supreme Court. 

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.


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