The right of the offender is deemed denied when no committal hearings are held and these rights referred to be as follows: the right to be discharged by the magistrate court without having undergone any full blown trial when there is insufficient evidence to indict him, or to be apprised of the prosecution’s case against him or gain precise knowledge about it; or hear the witnesses give evidence under oath and the right to cross-examine the witnesses on the evidence they presented and test their credibility.
Although the examination of evidence is dispensed with in Western Australia, the public prosecutor is directed to disclose them for the benefit of the accused.
An accused is committed for trial after the investigation committed by the Coroner pursuant to the Coroner Act 1996 which established the Coroners Court and the Office of the State Coroner. An inquest into a reportable death is conducted by the coroner who includes the death of an unknown person, unexpected or violent death, death in custody and death in care.
When it is of the coroner’s opinion that an indictable offense has been committed, it is reported to the office of the Director of Public Prosecutions who will file the necessary case in court and institute a criminal proceeding against the accused.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.