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In very broad terms, the purpose of a committal hearing is to determine whether there is sufficient evidence for the defendant to stand trial. A committal hearing exists only for indictable offences. Essentially, one of two usual outcomes will occur at a committal hearing:

  1. The Court orders that the defendant be committed to stand trial; or
  2. The Court dismisses the case as there is insufficient evidence for the defendant to stand trial.

Once you are charged with an offence, you will need to determine whether you will be pleading guilty or not guilty. If you plead guilty, you will be given a date for sentencing. However, if you plead not guilty, a date will be set for the case to go to trial. Our Criminal Lawyers have acted for defendants in many complicated criminal matters and have appeared for clients in a range of committal hearings (from minor to complicated) and have extensive experience advising and preparing for such hearings.

The Committal Hearing

The committal hearing will be allocated once a plea of not guilty is entered. The hearing will commence with the prosecution presenting evidence. Witnesses may be required to attend Court and if there are issues with the witness attending Court due to, for example, the witness being an alleged victim, the Court may allow the alleged victim to provide evidence in another form.

Once the prosecution presents their evidence, the defendant will be given an opportunity to present their case. After hearing both sides, the Court will decide whether there is sufficient evidence for the case to go to trial; that is, in basic terms, if there are reasonable prospects that a jury would convict the defendant. Where the Court decides that there is insufficient evidence then the Court will usually dismiss the case.

If the case is dismissed, that will be the end of the process for the defendant. However, the prosecution may decide it is unhappy with the decision and look at next steps. An experienced Criminal Lawyer can look at your individual case and provide criminal legal advice on the appropriate options.

What happens at Trial

If the Court believes that there is sufficient evidence for the case to go to trial, you will be given a date for trial. Generally, this will not be for a few weeks to months. In that time, you will either be given bail or held in custody. For information on applying for bail, refer to our “Bail Applications” section on our website.

At the committal hearing, you may not receive a date and instead, the police or the Office of the Director of Public Prosecutions will notify you of the date. The exception is sexual assault cases for which a date for the trial will usually be issued at the end of the committal hearing.

As mentioned previously, committal hearings apply for indictable offences. An indictable offence may include:

  • Aiding suicide;
  • Use of possession of weapons to resist arrest;
  • Possessing or making explosives or other things with intent to injure;
  • Assault against a police officer;
  • Aggravated indecent assault;
  • Sexual assault;
  • Breaking and entering any house or other building for the purpose of stealing; and
  • Stealing cattle or killing cattle with intent to steal.

For further information or advice on Committal Hearings, contact our firm to book a consultation with our highly trained and experienced Criminal Lawyers. Call (02) 9233 4048 or send an email to info@navado.com.au. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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