The proposed law seeks to prevent traumatic cross-examinations during committal hearings
The Victorian Government has introduced the Justice Legislation Amendment (Committals) Bill 2024 to Parliament, aimed at enhancing protections for victims and witnesses in cases involving family violence, sexual offences, and stalking.
This legislative proposal seeks to prevent traumatic cross-examinations during committal hearings, ensuring that victims in particularly sensitive cases give evidence only at trial, thereby minimizing their exposure to one of the most distressing elements of the criminal justice process.
The bill's measures include reinforcing the standards for cross-examinations and limiting pre-trial evidence to only what is essential for early resolution. This change aims to reduce the stress experienced by victims and witnesses while balancing their needs with the prosecution’s duties and the accused's rights. Additionally, child victims and those with cognitive impairments in family violence cases would be permitted to give prerecorded video testimony, an approach already used in sexual offence cases.
The proposed reforms will replace the current committal test with an improved case management system, where magistrates will focus on identifying key issues early to facilitate more effective resolutions. This change is expected to reduce the duration and stress of committal hearings, expediting the legal process and saving time for all parties involved. Furthermore, the legislation includes provisions for homicide cases to be fast-tracked directly to the Supreme Court, drawing on a successful pilot that streamlined such cases by bypassing committal hearings.
The bill also mandates the use of audiovisual links for accused adults in committal proceedings, reducing the need for physical court appearances and improving overall efficiency.
These measures align with recommendations from the Victorian Law Reform Commission’s 2020 report on committal proceedings. The government has pledged to monitor the effectiveness of these new laws and consider further adjustments as needed to mitigate trauma for victims and witnesses.
In a statement, Attorney-General Jaclyn Symes said, “Survivors of sexual offences, stalking and family violence deserve justice, not further trauma. These reforms will ease the burden of repeated testimony, helping them move through court proceedings and get on with their lives.”
The Victorian Bar and the Criminal Bar Association have voiced strong opposition to these reforms, emphasizing the importance of retaining committal hearings and the opportunity to cross-examine witnesses. They argued that committal hearings serve as a crucial safeguard by evaluating the sufficiency of evidence before a case proceeds to trial. Cross-examinations during these hearings, they stated, reveal the strengths and weaknesses of the prosecution’s case, often leading to early resolutions, such as plea deals or the dismissal of charges, which ultimately enhance the efficiency and fairness of the justice system.
