The Committal Hearing
At this hearing, which usually occurs up to six months after reporting to the police, a Magistrate is presented with all the evidence and hears argument from the DPP and from the defendant. The defendant can choose not to give evidence. The survivor of sexual assault must give evidence under oath or affirmation and can be cross-examined by the defendant's lawyer.
In the ACT survivors can request that their evidence and the cross-examination be done using a video link so they do not have to go into the courtroom with the defendant. This is at the discretion of the Magistrate. Survivors may also request a 'closed' court. Where the court is shut to the public. This too is at the discretion of the Magistrate. Once the Magistrate has heard all the evidence she/he will decide whether the matter will go to the Supreme Court for a full trial by jury. If there is not enough evidence, the case will be dismissed at this point.
Page Last Updated 31/5/2001
© 2001 Canberra Rape Crisis Centre
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