Committal Hearings

A committal hearing is a process whereby a magistrate in a local court makes a decision as to whether there is sufficient prosecution evidence which could satisfy a jury beyond reasonable doubt that you have committed an indictable offence. If the magistrate is satisfied that there is sufficient evidence then you are committed for trial in a higher court. If the magistrate is not satisfied that there is sufficient evidence to satisfy a jury beyond reasonable doubt then the magistrate will dismiss the charges.

Prior to a committal hearing you will be provided the brief of evidence. You must inform the prosecution whether you wish for any of the prosecution witnesses to give evidence at the committal hearing and be available for questioning by your legal representation. You must make an application to the court requesting the witnesses attendance. You will need to provide substantial reasons as to why these witnesses should be called to give evidence.