What happens during a committal process?

At a mention in the Magistrates Court:

  • the person charged or the prosecutor may ask for an adjournment – 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 is enough evidence on which a jury could (not would) find the defendant guilty. It’s important to remember at this stage – just because a 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 victim-survivors 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.