Final answer:
A hand-up brief is a preliminary document summarizing the charges and facts of a case before the accused is informed, while a contested committal hearing involves evidence presentation and defense arguments against committing the accused to trial. Hand-up briefs are mainly administrative, whereas committal hearings test the case's strength before trial.
Step-by-step explanation:
A hand-up brief is a document typically associated with criminal proceedings that provides the court with the charges and the essential facts supporting the charges before the person accused is informed of the charges against them. It often serves to outline the case and establish the basis for the charges, enabling the judge to make determinations regarding the initial aspects of the case, such as bail and any legal representation.
The difference between a hand-up brief and holding a contested committal hearing lies in the purpose and depth of each procedure. A contested committal hearing is a more in-depth proceeding, where the prosecution is required to present evidence to prove there is enough to commit the accused to stand trial. The defense has the opportunity to test this evidence, cross-examine witnesses, and argue against the case proceeding to trial. This is not the case with a hand-up brief, which is essentially a summarized, preliminary step.
In terms of criminal justice, both procedures serve to establish the foundations of a case but differ significantly in terms of the involvement of the defense and the examination of evidence. A hand-up brief is more of an administrative step, whereas a committal hearing is a critical point where the strength of the case is tested before formally moving to trial.