A committal hearing is required for indictable offences (serious matters) which are not settled in the local court. Evidence is presented before the local court and the magistrate determines whether there is sufficient evidence to allow the case to proceed to a higher court. The trial takes place in an open court, that is, members of the public may be present.

Purpose of a Committal Hearing

Court trials can be long and costly. The main function of committal hearings is to reduce the total length of the proceedings and costs of court and legal fees. Time and costs are reduced as weaker cases are eliminated early, and issues are clarified. Committal hearings also allow for guilty pleas to be made early.

Commital Hearing Proceedings

To begin the proceedings, a court attendance notice is issued, and can be issued by a police officer or public officer with authorisation.

The defendant then makes a plea of either guilty or not guilty at court. If the plea is guilty, the trial then becomes a Local Court committal for sentencing hearing, and the Magistrate then refers the matter to the District or Supreme Court (depending on the severity of the matter) for the actual sentencing trial.

If the defendant makes a plea of not guilty however, the trial remains as a Local Court committal hearing for trial in a higher court. The Magistrate then refers the matter to either the District or Supreme Court (again, depending on the severity of the matter), where the trial takes place before a judge, and a jury determines the guilt of the accused.

If the accused pleads not guilty, the prosecution is the first to present its evidence, which is usually in written form. Witnesses may be required to attend court if directed by the magistrate, however, if the victim is classified as a vulnerable victim, then the evidence can be presented in recorded form. A vulnerable victim is a victim of a violent crime. Such crimes include robbery, sexual crimes and attempted murder. Section 93 of the Criminal Procedure Act 1986 (NSW) allows such victims to be absent from court, and give their evidence indirectly, as the accused must be present in court for the entire hearing. The Prosecution represents the Director of Public Prosecutions.

After the presentation of the prosecution’s evidence, the defence makes its submissions.

Following the presentation of all evidence, the Magistrate decides whether there is adequate evidence for the matter to proceed to a higher court for trial, based on whether they believe that there is reasonable prospect that a jury will convict the accused. If there is inadequate evidence, the magistrate is able to discharge the claim.

The Director of Public Prosecutions then agrees or disagrees with the magistrate’s decision and decides exactly what the charge will be for the next step in the judicial process.

How can a Criminal Lawyer help you?

Specialist criminal lawyers are experienced in representing clients throughout the entire court process which includes the committal process. A criminal lawyers will advise you on your legal options and recommend the best way forward with your matter.

Author Bio: Emmanuel Apokis has many years experience in Criminal Law working with the experienced Criminal Lawyers at Prime Lawyers in Sydney.

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