Committal of case
Dr G V Rao
(Querist) 23 January 2012
This query is : Resolved
Sirs, please pardon my ignorance on this. What is 'committal of case'. In a case of a rape by a prominent citizen, FIR was lodged in October 2010. Chargesheet was filed in August 2011. Accused is on bail. However no progress in the case since the case has not been committed. How long can a case not be committed. I am asking this because I fear that the victim might not get justice if trial does not start soon.
adv. rajeev ( rajoo )
(Expert) 23 January 2012
Rape is triable by sessions court. Transfer of case from JMFC court to session court is called as committal
Dr G V Rao
(Querist) 23 January 2012
Thanks Mr Rajeev for pronpt reply. However how long can a case be kept in cold without the JMFC not transferring it to Sessions. In this case it is already 5 months after chargesheet.
Raj Kumar Makkad
(Expert) 23 January 2012
Generally case is sent within a month to the Sessions Judge by area magistrate after making his report to the effect that the charge-sheet contains all the record mentioned therein and a prima-facie case is made out as alleged.
You should make prayer to the court to do the needful within days so as to avoid the unnecessary delay in the case.
Devajyoti Barman
(Expert) 23 January 2012
Yes I agree.
If you are an advocate or law enthusiast then do read the chapter dealing commitment of case by an Magistrate.
However try to get the case sent to Fast Track Court for speedy trial.
M/s. Y-not legal services
(Expert) 23 January 2012
am agree with experts.,
commital case mean, Moving a Case from the Magistrates Court to the sessions Court[england law]
in england session courts called as crown courts
All cases start from the the magistrates court but not all cases are trialed in the magistrates court.
Offences will be trialed in the sessions Court if they are:
Indictable only, or
either way and the mode of trial hearing in the magistrates' court results in the decision that the case should be tried in the sessions Court.
In either of these situations, the case must therefore be moved from the magistrates' court to the sessions Court.
There are FOUR ways in which a case can be moved to the sessions Court:
Committal proceedings;
'Sent’ under section 51 of the Crime and Disorder Act 1998 (currently available for indictable only offences);
Notice of transfer; and
A voluntary bill of indictment.
-tom-
M/s. Y-not legal services
(Expert) 23 January 2012
Committal Proceedings
Committal proceedings only relate to either way offences. If, following the mode of trial procedure, it has been decided that an either way offence should be heard in the Crown Court, the case will be adjourned for a committal hearing. These hearings take place at the magistrates’ court usually six weeks after the mode of trial hearing if the accused is on bail, four weeks if he is in custody. One of the purposes of committal proceedings is to filter out weak or ill-prepared cases, where there is insufficient evidence against a defendant to justify a trial.
Prosecution evidence has to be sufficient to show a prima facie case before the magistrates may commit a case to the Crown Court for trial. If there is not sufficient evidence the case will be discharged.
In every case, the CPS is under a duty to ensure that there is a ‘realistic prospect of conviction’ before commencing a prosecution. Section 5 of the Code for Crown Prosecutors sets out the two-stage test prosecutors must apply when deciding to prosecute an individual for a criminal offence, namely the evidential stage and the public interest stage.
Stage 1 of the test
Crown prosecutors must first be satisfied that there is enough evidence to provide a ‘realistic prospect of conviction’ against the defendant on each charge.
The stage of the test is objective. A prosecutor must also consider whether the evidence is admissible and is reliable, what the defence case may be, and how that is likely to affect the prosecution case.
Stage 2 of the test
If, and only if, the case passes the evidential stage a prosecutor must then consider the second stage, namely whether the prosecution is needed in the public interest.
There are two forms of committal proceedings, referred to as:
Section 6(2)
Section 6(1)
Committal under section 6(2) Magistrates’ Court Act 1980:
Does NOT involve consideration of the evidence against the accused;
The whole hearing takes a matter of minutes;
Will be held if the defence accepts that there is a prima facie case to answer
(this is NOT the same as accepting guilt or that the evidence is correct);
Is the most common form of committal.
Initially a case will automatically be listed for a s.6(2) committal.
Committal under section 6(1) Magistrates’ Courts Act 1980:
Involves consideration of the evidence against the accused;
Will be held if the defence wishes to make a submission that there is no prima facie case made out on the papers.
i got this detais from., http://www.inbrief.co.uk/legal-system/moving-to-crown-court.htm
-tom-
Raj Kumar Makkad
(Expert) 23 January 2012
Nothing seems to be added in the detailed reply of tom.
Advocate. Arunagiri
(Expert) 23 January 2012
Excellent explanation by Mr.tom. nothing needed to add.
M/s. Y-not legal services
(Expert) 23 January 2012
thank you makkad sir., and arunagiri sir..
all are by your's guidance only sir..
-tom-
Shonee Kapoor
(Expert) 31 January 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 31 January 2012
Tom
Congrats!
Well done.
Now you are fit for 'committal of your case'.
