COMMITTAL HEARINGS FOR INDICTABLE OFFENCES

All offences, including indictable offences, commence with the filing of a CAN in the Local Court.

The matter will then proceed to a committal hearing before a magistrate, who will determine whether the committal is for trial or sentence.

Committal for trial

A committal hearing is an enquiry conducted by a magistrate to determine whether a person charged with an indictable offence should face trial in the District Court or the Supreme Court.

The magistrate evaluates all evidence presented by the prosecution, along with any evidence submitted by the defence. If, at the conclusion of the inquiry, the magistrate finds that, based on the totality of the evidence, there is a reasonable prospect that a properly instructed jury would convict the defendant, the defendant must be committed for trial. If the magistrate does not hold this view, the defendant must be discharged.

Committal for sentence

If a person indicates a desire to plead guilty to an indictable offence, the magistrate will review the prosecution’s evidence to determine whether admissible evidence establishes all elements of the offence.

If satisfied, the defendant will be committed for sentencing to the District Court or Supreme Court. If not satisfied, the matter will proceed as a committal for trial.

Waiver of committal

An accused person may waive their right to a committal, in which case the matter will proceed directly to the District Court or Supreme Court for trial.

About Post Author

Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

See author's posts