Committal proceedings

Question 1

When do committal proceedings take place?

Answer 1

When an accused has been charged with an indictable offence and pleads not guilty.

Question 2

Where do committal proceedings take place?

Answer 2

In the Magistrates’ Court.

Question 3

What is the final stage of a committal proceeding called and what happens?

Answer 3

Committal hearing, at which the magistrate will decide whether there is evidence of sufficient weight to support a conviction at trial.

Question 4

What happens if the magistrate finds there is enough evidence in a committal hearing?

Answer 4

The accused is committed to stand trial and the case is then transferred to a higher court that will hear the case.

Question 5

What happens if the magistrate finds there is NOT enough evidence in a committal hearing?

Answer 5

The accused is discharged and allowed to go free. If further evidence is found in the future, the accused can be brought before the court again, because the committal proceeding is not a trial, and guilt has been decided.

Question 6

What are the purposes (4) of the committal process?

Answer 6

• Ensuring that cases where there is inadequate evidence do not go to trial.
• Finding out whether the accused plans to plead guilty or not guilty.
• Ensuring a fair trial by making sure the prosecution’s case is disclosed to the accused.
• Giving the accused the opportunity to put forward a case at an early stage and possibly cross-examine witnesses.