The Viscount of Oxfuirdasked Her Majesty's Government:
Whether a conclusion has been reached on the Royal Commission on Criminal Justice recommendations regarding committal proceedings.
Earl FerrersThe Government has accepted the arguments put forward by the Royal Commission and agreed that committal proceedings should be abolished.
"Old style" or "full" committals are a costly and cumbersome process. They are open to abuse by the defence, particularly where the witness is also a victim. The much larger number of so-called "paper" committals are largely a formality, serving little purpose.
Abolishing committals would reduce, in most cases, the time taken by pre-trial procedures and should allow savings to be made in court and legal aid costs.
In place of committal hearings, we propose there should be a procedure allowing cases to be transferred to the Crown Court administratively. This would apply in all indictable-only cases, and in triable either-way cases once a decision on mode of trial has been reached in the magistrates' court.
As recommended by the Royal Commission, there would still be a procedure under which the defence could argue that there was no case to answer in advance of trial at the Crown Court.
Under the proposed new "transfer for trial" procedure such an application would in most cases be considered by the magistrates on the papers. But the court would have a discretion to admit oral argument by the defence on application.
Again as recommended by the Royal Commission, no witnesses would be called to give evidence in these 114WA proceedings. This means there will be no question of vulnerable witnesses being requested to give evidence twice.
A new clause will shortly be tabled to amend the Criminal Justice and Public Order Bill, which will give effect to these proposals.