201 Elizabeth Street
Sydney NSW 2000
99 William Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
17-21 University Avenue
Canberra ACT 2601
Contact Armstrong Legal:
Sydney: (02) 9261 4555
In the past, an accused person had a right to a committal hearing and could cross examine each of the witnesses in the police case about almost any issue.
However, the law changed recently removing the right of an accused to a committal hearing. A Magistrate can only order the attendance of a victim of an offence involving violence, if special reasons are shown why the alleged victim should, in the interests of justice be called to give evidence.
For every other prosecution witness, the accused must show substantial reasons in the interests of justice why the witness should attend to give evidence.
If you decide that you want to cross examine some or all of the police witnesses the court will adjourn your matter to another date for legal argument. The court may order that your solicitor and the prosecutor make written submissions to support their arguments.
If you decide not to cross examine any of the prosecution witnesses, the matter will proceed by way of paper committal.