What happens during a committal process?

At a mention in the Magistrates Court:

• the person charged or the prosecutor may ask for an adjournment, which means that things are paused or postponed. If an adjournment is granted, the committal will happen at a later date
• the person charged may plead guilty, and the case will be committed for sentence in either the District Court or the Supreme Court
• the person charged may plead not guilty, and the case will be committed for trial in either the District Court or the Supreme Court.

During the committal process, the magistrate must decide if there could be enough evidence for a jury to find the defendant guilty. It’s important to remember at this stage – even if the magistrate decides there is enough evidence, this does not necessarily mean that a jury will find a defendant guilty.

A committal can be done in a hearing at a Magistrates Court or through paperwork by the prosecutor and defence lawyers.

If there is a committal hearing, you might have to give evidence at court. It is not common for victims to have to give evidence at this stage. If this happens, the prosecutor or investigating officer will tell you and may give you a summons to attend court. This means they will come and visit you in person and give you a letter about when you have to go to court. A summons is a legal document which tells you that you have to go to court to give evidence.