COMMITTALSOn the 1st April 1997 the provisions of the Criminal Procedure & Investigations Act 1996 affecting committal proceedings were brought into effect in relation to all offences where no criminal investigation had begun on that date.

Section 6(2) committals will continue and because of the implementation of the new disclosure regime, it will be important that solicitors have that opportunity to meet their clients.

It is likely that the written defence statement (now required in every Crown Court case) will need to be served within 14 days of committal giving insufficient time for preparation if the work is not largely complete by the date of committal.

Solicitors should therefore be unwilling to accept committal bundles on the day fixed for committal.

They are entitled to 14 days to consider them in bail cases and 10 days in custody cases.

During that time they should obtain the client's approval for the written defence statement.

Payment for attendance at the committal will still be possible under the Legal Aid Regulations by referring to paragraph 18-25 (g) as these issues will be 'other matters requiring the solicitor's attendance which are reasonable in the particular circumstances of the case'.

No witness orders will be made under the new regime but it is important to note that all statements forming part of the committal bundle will be read at trial unless a counter-notice is served requiring witnesses to attend personally within 14 days of committal.

It should be normal practice to serve a request for attendance immediately the papers are received.

Thereafter the papers can be considered and detailed information concerning the witnesses actually required should be given at least two weeks before the date of the plea and directions hearing.

If witnesses are required to give oral evidence it will be important that those attending at plea and directions hearings are able to argue fully the reasons why they should be heard.

Judges now have power to make binding orders at preliminary hearings in relation to the admissibility of evidence and may overrule a defence request for the attendance of a witness if they consider it to be in the interests of justice so to order.

The major changes in relation to committal proceedings will, however, be in relation to proceedings under Section 6(1) of the Magistrates' Courts.

Act 1980.

In future it will not be open to either party to call evidence at such a hearing.

Nor may the defence place before the magistrates any evidence at committal, The purpose of the proceedings will only be to test whether (on the papers).

there is a prosecution case to answer.

In addition a number of evidential rules are disapplied by the Act.

No longer will it be possible to argue points under section 76 or 78 of the Police & Criminal Evidence Act 1984 in committal proceedings and the prosecution will be able to rely on documentary hearsay merely by signing a certificate that there is reasonable cause to believe that the evidence may properly be used at trial.

Any committal proceedings conducted under the provisions of the new Act will be placed into category 3 of the standard fee regime by amendments to the Costs Regulations.APPLICATIONS FOR A WITNESS SUMMONSUnder amendments to section 97 of the Magistrates' Court Act any solicitor seeking a witness summons in summary proceedings will need to make the application as soon as practicable as delay could amount to a refusal to g rant the process.

The provisions will apply to any proceedings for the purpose of which no summons had been issued before the 1 April.EXPERT EVIDENCEThe disclosure of expert evidence to be used at any summary trial is now required by further amendments brought into force on 1 April in relation to all cases where criminal investigations had not begun on that date.