If a (1) A statement giving the details of a crime an accused person is claimed to have committed. (2) A personal property security. (3) A judge’s directions to a jury at the end of a case. involves death (murder, attempted murder, manslaughter, child homicide, defensive homicide, culpable driving causing death, arson causing death) it must be heard in an adult An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. (i.e. the Supreme Court) by a judge and A panel of people selected from the general public to decide whether an accused in a criminal case is guilty or not guilty, or to decide questions of fact and the amount to be awarded as damages in civil cases.. For other serious (indictable charges) if the young person (or, in limited circumstances, the parents) so desires, or if the magistrate decides that it is appropriate for the case to be decided by a judge and jury the matters may be heard in the County Court (s 356 CYF A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation.).
If that happens, A hearing in a Magistrates’ Court that decides whether someone charged with a serious criminal offence should face trial in a higher court. Also known as a preliminary examination. See also indictable offence. A document that sets out what a person wants to happen to their money and other property after they die. usually take place in the Children’s Court. The object of committal proceedings is for the magistrate to decide whether there is enough Material presented to a court to prove or disprove a fact. It can include what witnesses say as well as documents and other objects. to support a finding of guilt against the young person. If so, the magistrate will commit the young person for trial.
At trial, the evidence will again be heard, but a jury will decide whether or not the young person is guilty. Until recently, very few young people have been committed to stand trial in a higher court. However, legislative changes made in 2018 will inevitably result in more young people being committed to stand trial.
This will particularly be the case for those over 16 who have been charged with very serious offences. In these cases, the The party presenting evidence in court on behalf of the state or Commonwealth government against a person accused of committing a crime. Also called the Crown. must To agree to something being done, to approve an action or arrangement. See also informed consent. to the Children’s Court The time and place at which a court or tribunal hears the parties argue their case and makes a decision. the charges first.
In committal proceedings, it is usual for only the prosecution evidence to be given. The young person’s lawyer is allowed to question the prosecution witnesses. It is unusual for the young person to give evidence at this stage, and this should not be done unless a lawyer has advised it.
If the magistrate does commit the matter for trial, the young person will either be released on The procedure that allows a person who has been charged with an offence to be released from police control or prison until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. See also undertaking. or held in Lawful control over a person which prevents them leaving. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds. until the trial takes place.