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This essay will outline the procedures, which either contribute to or hinder a fair hearing for those charged with an indictable offence in Queensland.
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| Submitted: Tue Nov 04 2003
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Legal Studies Essay: A Fair Hearing Intro This essay will outline the procedures, which either contribute to or hinder a fair hearing for those charged with an indictable offence in Queensland. The areas that will be covered include committal proceedings, trial by jury, the adversary system and the trial process. Committal Proceedings The first stage of a person being charged with an indictable offence is to have a committal proceeding, i.e. a preliminary hearing by a magistrate to determine whether a prima facie ("at first sight") case exists, i.e. the prosecution has sufficient evidence to proceed. Therefore deciding whether the accused is to be committed for trial in a higher court. A committal hearing primarily involves the prosecution giving evidence in the form of signed statements called a hand-up brief and the defence cross-examines only those prosecution witnesses, which they wish to cross-examine. The defence rarely calls their own witnesses so as to avoid declaring...
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