Victorian Bar warns against Victorian legal system overhaul

The peak body for Victorian barristers says it strongly opposes the Allan government’s proposed changes to committal hearings, warning they’re “a fundamental safeguard in our justice system”.

The peak body for Victorian barristers has warned against the Allan government’s planned changes to court committal hearings.

The peak body for Victorian barristers has warned against the Allan government’s planned changes to court committal hearings.

The government has proposed overhauling the legal system to ban the cross-examination of victims and witnesses in family violence, sexual offence and stalking cases before trial.

Under the proposed reforms, which are currently before parliament, pre-trial evidence would also be limited in all other matters, and the committal test — used to determine if accused people should stand trial — would be removed.

Attorney General Jaclyn Symes has conceded a risk that transferring the responsiblity for dealing with pre-trial hearings to higher trial courts could cause delays in the system.

Senior judicial figures fear altering the committal process risked the higher courts becoming entangled in pre-trial minutiae.

Attorney General Jaclyn Symes concedes a risk that transferring the responsiblity for dealing with pre-trial hearings to higher trial courts could cause delays in the system. Picture: Diego Fedele

In a public statement issued on Wednesday, the Victorian Bar and Criminal Bar Association said it strongly opposed the reforms.

“A committal hearing has traditionally served an important role within the criminal justice system and continues to do so,” it said.

“The committal test – to determine whether there is evidence of sufficient weight to support a conviction for the offence charged – is a fundamental safeguard in our justice system.

“It ensures that where a finding of guilt at trial is highly unlikely or impossible, charges do not proceed to the trial court.

“This saves alleged victims, witnesses and accused from unnecessarily undergoing the trial process.”

The Victorian Bar said strength of any prosecution case could only be assessed once witnesses were required to face cross-examination.

“It is at that crucial point that deficiencies in the evidence become apparent,” it said.

“Overall, contested committals and the current committal test aid in the early resolution of criminal cases and play an important role in the administration of justice.

“They increase both the efficiency and effectiveness of the justice system while maintaining fairness for all involved.”

Shadow Attorney General Michael O’Brien said it was not yet clear whether the government’s proposed changes struck the right balance.

“Streamlining the trial process is a worthy aim,” he said.

“However, if ending committals simply leads to unsustainable cases going to trial that would otherwise not have continued, it will mean more trauma for victims and more expensive justice.”