ABSTRACT

This chapter focuses on the rationale for committal proceedings, the procedure to be followed in the preliminary enquiry and the effects of a committal to trial or a discharge by the magistrate. Indictable trials consist of a two-stage process: the preliminary enquiry; and the trial by jury before a judge. The first stage, which is sometimes called the committal proceedings, is presided over by a magistrate in the magistrates’ court. Committal proceedings are the creation of statute. The function of these proceedings has historically been to allow examining justices to decide whether the evidence adduced by the prosecution establishes a prima facie case that the defendant has committed an indictable offence. Since committal proceedings are the creation of statute, the procedure stipulated by relevant statutes of Commonwealth Caribbean jurisdictions must be strictly followed. The preliminary enquiry must be held in the presence of the accused and this is stipulated in the relevant statutory provisions across the region.