Committal for trial: an analysis of the Australian law together with an outline of British and American procedures


This study addresses the law governing committal for trial. The primary focus is on Australian legislation and case law, although a substantial number of English authorities have been included. Coronial proceedings have not been covered. It provides an analysis of the Acts and Ordinances in force in the six States and two Territories which make up the Commonwealth. This is followed by an examination of the objectives of committal procedures and a consideration of the criteria employed by an examining magistrate. It also discusses the possibility of a higher court exercising supervisory powers over the conduct and outcome of a committal hearing in a number of States and the case law on this subject. It examines systems in England, New Zealand, the United States of America, Canada, and Scotland. It concludes by presenting significant aspects of committal proceedings and outlines a model which seems to offer efficiency without sacrificing the basic objectives which these proceedings fulfil.