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English to Hungarian translations [PRO]
Law/Patents - Law (general) / Criminal law | | English term or phrase: committal proceedings | | committal proccedings |
| jmunroKudoZ activityQuestions: 19 ( 1 open) ( 1 closed without grading) Answers: 0
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| | előzetes / előkészítő tárgyalások | Explanation:
Lásd jogi értelmező szótár:
committal proceeding előkészítő tárgyalás, előzetes tárgyalás
e tárgyalás során a magisztrátusi bíróság eldönti, esküdtszék elé kell-e utalni az ügyet, vagy sem
http://www.criminal-lawyers.com.au/web/page/VIC_Committal_pr...
COMMITTALS
After reading this go to our Court tour - it will explain to you the process of a committal proceeding and where it fits in the criminal process.
Committal proceedings
A committal decides whether there is sufficient evidence for you to go to the higher court. It is not deciding whether you are guilty of the charges.
The Magistrate at committal is deciding whether a jury properly directed could find you guilty. Not that they would find you guilty or that they will find you guilty.
It is a fairly low threshold test to be committed. The aim is to sort out what is worth proceeding with or as it is sometimes described “sorting the the wheat from the chaff”.
At a committal it is the prosecution who are presenting their evidence. It is very unusual for the defendant or any of their witnesses to get in the witness box or give evidence at this stage.
The Magistrate at the end of the committal can dismiss all the charges against you if they do not believe there is enough evidence that you will be convicted.
At the end of the committal the defendant, you, are asked whether you “plead guilty or not guilty"
If you plead guilty after a committal your matter will normally go off for a plea of guilty in the County or Supreme Court.
If you have a committal proceeding already booked in and you are reading this article then you should ring us straight away.
The key to committals is to have a strategy worked our with your lawyers and to put in the necessary preparation.
Below are some issues that arise in the law and in committal proceedings;
Questioning simply to establish matters relevant to a plea of guilty
Section 13 (5A) (e) Schedule 5 of Magistrates Court Act - in determining whether cross-examination justified the Court must have regard to the need to ensure that
"(e) matters relevant to a potential plea of guilty are clarified" |
| Selected response from:
  Katalin Szilárd
Hungary
Local time: 01:54
| Grading comment | 4 KudoZ points were awarded for this answer |
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| Changes made by editors |
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| Sep 27, 2011 - Changes made by Katalin Szilárd: | | Created KOG entry | KudoZ term => KOG term |
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