Removal of Certain People from Giving Evidence at Committal Hearings in Victoria

Victoria’s criminal justice system has undergone significant changes aimed at protecting vulnerable individuals and streamlining court processes. One such reform relates to the removal of certain people from giving evidence at committal hearings, a preliminary stage in criminal proceedings where a magistrate determines if there is enough evidence for a case to proceed to trial.

What Are Committal Hearings?

Committal hearings serve as a filter for indictable offenses, ensuring that only cases with sufficient evidence proceed to higher courts. During these hearings, evidence is examined, and witnesses may be called to testify. However, reforms to Victoria’s criminal procedure have limited the circumstances under which specific individuals can be required to give evidence at this stage.

Who Is Exempt from Giving Evidence at Committal Hearings?

Legislative reforms, particularly under the Criminal Procedure Act 2009 (Vic), now prohibit certain witnesses from giving oral evidence at committal hearings unless exceptional circumstances apply. These protections primarily focus on:

• Children: Individuals under the age of 18 are generally shielded from providing evidence during committal proceedings.
• Victims of Sexual Offenses: Victims in cases involving sexual offenses are protected from the potentially retraumatizing experience of giving evidence at this early stage.
• Vulnerable Witnesses: People with cognitive impairments or those considered particularly vulnerable are also exempt, ensuring their wellbeing is prioritized.

Why Were These Changes Introduced?

The reforms aim to:

1. Protect Witnesses: Testifying can be a traumatic experience, particularly for victims of crime and vulnerable individuals. The reforms minimize the risk of secondary victimization.
2. Streamline the Process: By limiting oral evidence at committal hearings, cases can progress more efficiently, reducing delays in the justice system.
3. Prevent Misuse of the System: In the past, cross-examination at committal hearings was sometimes used to intimidate or pressure witnesses. These changes curb such practices.

Exceptions to the Rule

Despite the prohibitions, there are circumstances where the court may allow these individuals to give evidence at a committal hearing. This typically requires the accused to demonstrate substantial reasons why the witness’s evidence is crucial to the case. The magistrate must balance the interests of justice with the need to protect the witness from undue harm.

Implications for Criminal Proceedings

The removal of certain people from giving evidence at committal hearings has significant implications for both the accused and the Prosecution:

• For the Accused: They may face challenges in thoroughly testing the Prosecution’s case at the committal stage, as fewer witnesses can be cross-examined.
• For the Prosecution and Witnesses: Witnesses are spared the stress of early cross-examination, allowing them to focus on giving evidence during the trial if necessary.

Conclusion

These reforms reflect a broader commitment to balancing the rights of the accused with the need to protect vulnerable individuals and maintain the integrity of the justice system.