committal

　

WordNet

1. refusing to bind oneself to a particular course of action or view or the like; "her boyfriend was noncommittal about their future together"
2. service committing a body to the grave; "the committal service will be held next Monday"

PrepTutorEJDIC

1. =commitment
2. (考え・行動など)どっちつかずの

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出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2015/07/29 13:57:12」(JST)

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In law, a committal procedure is the process by which a defendant is charged with a serious offence under the criminal justice systems of all common law jurisdictions outside the United States. The committal procedure, sometimes known as a preliminary hearing, replaces the earlier grand jury process.

In most jurisdictions criminal offences fall into one of three groups:

There are less serious (summary) offences which are usually heard without a jury by a magistrate. These are roughly equivalent to the older category of misdemeanors (terminology that is now obsolete in most non-U.S. jurisdictions).

There are intermediate offences which are indictable (equivalent to an old-style felony), but which can be heard summarily. For instance, theft is usually a serious offence. If however the charge is that the defendant stole a packet of biscuits worth only a very small amount, it would probably be heard by a magistrate. In Canada, these are known as hybrid offences, whereas in England and Wales, these are known as either way offences, and can only be heard summarily with the defendant's consent and if the Magistrates' Court finds that matter is suitable for summary trial. In Victoria, Australia they are called indictable offences triable summarily. As well as the defendant's consent the Magistrate must regard the offence as appropriate to be heard in the lower court.

Finally, there are serious matters which must be dealt with in the higher courts, usually before a jury. When one is charged with an offence of the third type, a preliminary hearing is first held by a magistrate to determine whether there is sufficient evidence to warrant committing the defendant for trial. That is, whether there is sufficient evidence such that a properly instructed jury could (not would) find the defendant guilty. It is a very low-level test. The majority of committal proceedings result in a committal to trial.

In some jurisdictions the prosecuting authority may directly present a defendant for trial regardless of the result of the committal proceedings by filing an ex officio indictment. Equally, the prosecuting authority usually has the power to stop any prosecution by entering a Nolle prosequi. In many jurisdictions the right of a defendant to cross-examine witnesses during the committal is reliant on the defence establishing that it is in the interests of justice or to illuminate some relevant point. The defence very rarely calls witnesses at a committal.

England

In 2012 the committal procedure was abolished in England. As a result, the serious matters are sent straight to the Crown Court from the Magistrates' Court for a pre-trial hearing. There is no committal procedure to determine sufficiency of evidence. Instead, the defendant charged with the offence may make an application to the Crown Court to have the case dismissed for lack of evidence. The idea behind this reform was to get cases to trial more quickly and reduce the number of pre-trial hearings. However, it is questionable whether this has been achieved given the number of pre-trial hearings that are often required in the Crown Court.

The first hearing in the Crown Court will be a preliminary hearing (where a timetable for trial and for service of further evidence is set), followed by the Plea and Case Management hearing (where final directions for trial are made and a plea is taken), followed by the trial itself. There may be additional hearings in between (called 'mentions').

Notes

See also

• Civil confinement
• Grand jury
• Preliminary hearing
• Warrant of committal

English Journal

• Ultra high risk of psychosis on committal to a young offender prison: an unrecognised opportunity for early intervention.

• Flynn D, Smith D, Quirke L, Monks S, Kennedy HG.SourceNational Forensic Mental Health Service, Central Mental Hospital, Dundrum, Dublin, Ireland.
• BMC psychiatry.BMC Psychiatry.2012 Aug 3;12:100. doi: 10.1186/1471-244X-12-100.
• BACKGROUND: The ultra high risk state for psychosis has not been studied in young offender populations. Prison populations have higher rates of psychiatric morbidity and substance use disorders. Due to the age profile of young offenders one would expect to find a high prevalence of individuals with
• PMID 22863073

• Reducing the use of seclusion for mental disorder in a prison: implementing a high support unit in a prison using participant action research.

• Giblin Y, Kelly A, Kelly E, Kennedy HG, Mohan D.SourceNational Forensic Mental Health Service, Central Mental Hospital, Dundrum, Dublin 14, Ireland. yvette.giblin@hse.ie.
• International journal of mental health systems.Int J Ment Health Syst.2012 Apr 9;6(1):2. doi: 10.1186/1752-4458-6-2.
• BACKGROUND: Vulnerable prisoners and mentally disordered offenders who present with risk of harm to self or others were accommodated in Special Observation Cells (SOCs) isolated from others for considerable periods of time. This practice has been criticised by the Council of Europe Committee for the
• PMID 22487212

• Truncated Lévy walks are expected beyond the scale of data collection when correlated random walks embody observed movement patterns.

• Reynolds AM.SourceRothamsted Research, Harpenden, Hertfordshire AL5 2JQ, UK. andy.reynolds@rothamsted.ac.uk
• Journal of the Royal Society, Interface / the Royal Society.J R Soc Interface.2012 Mar 7;9(68):528-34. doi: 10.1098/rsif.2011.0363. Epub 2011 Aug 10.
• Translating observations taken at small spatio-temporal scales into expected patterns at greater scales is a major challenge in spatial ecology because there is typically insufficient relevant information. Here, it is shown that truncated Lévy walks are the most conservative, maximally non-committa
• PMID 21831893

Japanese Journal

• J0220204 小型哺乳類用重心動揺計測システムの最適化([J022-02]生物規範メカニクス・システム:生物の運動、力学及びミメティクスセッション(2))

• 年次大会 : Mechanical Engineering Congress, Japan 2014, "J0220204-1"-"J0220204-3", 2014-09-07
• NAID 110009943474

• 南大東島におけるエコツーリズムと地域生活:住民の視点から

• ソシオロジ 50(3), 127-142,187, 2006
• NAID 130005140220

• 世代間の断絶:異文化間語用論の視点から

• 研究紀要 43, 59-64, 2003-03-10
• NAID 110000994095

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