Committal Proceedings

Question 1

What is a Committal Proceeding?

Answer 1

The processes and hearings that take place in the magistrates court for indictable offences. This means the accused must also have plead not guilty.

Question 2

What are the purposes of a Committal Proceeding?

Answer 2

To see whether a charge for an indictable offence is appropriate to be heard and determined summarily.
To decide if there is enough evidence to support a conviction for the offence charged.
To find out whether the accused plans to plead guilty or not guilty.
To ensure there is a fair trial.

Question 3

How is a fair trial ensured in a committal proceeding?

Answer 3

By:
Making sure the prosecution’s case is disclosed to the accused
Giving the accused an opportunity to hear or read the evidence and cross-examine (question) witnesses
Allowing the accused to put forward a case at an early stage if they choose to do so
Allowing the accused to properly prepare and present a case
Making sure the issues to be argued are properly defined

Question 4

What is the committal hearing?

Answer 4

A hearing that is held as part of the committal proceeding. At the committal hearing, the magistrate will decide whether or not there is sufficient evidence to support a conviction for the offence charged.