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What is a committal?
If you are facing a committal, you will have been charged with a serious offence which is unlikely to be finalised in the Local Court. A committal is a is a hearing in the Local Court before the charge is heard in the District Court or Supreme Court. In the committal, a Magistrate decides whether the prosecution has enough evidence against you to justify committing you for trial or sentence. If there is enough evidence, your case will be heard in the District Court or the Supreme Court.
You do not have to enter a plea at the committal. However if you do plead guilty, you will be committed for sentence unless the prosecution decides to keep your case in the Local Court.
If you plead not guilty, or enter no plea, it is most likely that you will be committed for trial. If you have been granted legal aid for your committal, it is a condition of the grant of legal aid that your solicitor or barrister attends a case conference. A case conference will give your representative and the prosecution the opportunity to work out whether your case will proceed to a trial or becomes a sentence. The case conference will be carried out after you have been fully consulted. Your case can only become a sentence if you decide to plead guilty to an offence.
If you plead not guilty or enter no plea when you appear at a trial in the District Court or Supreme Court, a jury will decide whether or not you are guilty.
If you are in doubt about the procedure (see chart below), you should seek more advice from a solicitor. 
Is legal aid available?
Yes. There are a number of conditions which apply to eligibility for legal aid. If you wish to apply for legal aid for a committal you should lodge an application at the Legal Aid office nearest to you. Legal aid for committals is subject to a means test. You may be required to pay a contribution. There are also limits on the extent of legal aid for committals.
If your matter is not one for which legal aid is available, you can instruct and pay for a solicitor or barrister to appear for you. Otherwise you will have to represent yourself.
Committal proceedings can be difficult to conduct if you have no legal training. It is unwise to attempt to represent yourself unless you are well prepared and have had legal advice.
What happens at a committal hearing?
You will be given a brief (a copy of the statements of the prosecution's witnesses) before the committal hearing.
The Magistrate will set: a date by which you must be given the brief and a date by which you must tell the prosecution whether you want any of their witnesses to give oral evidence at the committal and be available for questioning by you or your representative.
You do not have an automatic right to require prosecution witnesses to attend court and give oral evidence and/or be available for cross-examination.
If you want the witnesses to give oral evidence then you will need to apply to the court for them to attend the committal hearing. You or your representative will then be able to cross-examine them.
Depending on the offence you are charged with and the evidence to be given by the witness, you will need to convince the Magistrate that there are either substantial reasons or special reasons why the witness should be required to give oral evidence and be available for cross-examination. No witnesses can be called to give oral evidence and be cross-examined unless the Magistrate is of the opinion that there are substantial reasons why, in the interests of justice, that witness should give oral evidence.
If the offence involves violence, the alleged victim cannot be called to give oral evidence or be cross-examined unless the Magistrate thinks that there are special reasons why, in the interest of justice, the alleged victim should give oral evidence.
If the prosecution witnesses do not give oral evidence at the committal proceedings, the committal hearing will be dealt with as a paper committal.
The restrictions on permitting witnesses to give oral evidence mean that many committals are paper committals.
In a paper committal, the prosecutor will give the Magistrate the brief of evidence to read. A copy of the brief must have been given to you earlier. The restrictions on permitting witnesses to give oral evidence mean that many committals are paper committals.
The Magistrate then has to decide whether there is enough evidence to commit you for trial (if you have pleaded not guilty or not entered a plea) or for sentence (if you have pleaded guilty).
How does the Magistrate decide?
The Magistrate must decide if there is a reasonable prospect that a jury would convict you. If the Magistrate decides that a jury would not convict you, you will be discharged.
The outcome of many committal proceedings is that the Magistrate commits for trial.
If the Magistrate makes the decision to commit for trial, you will be asked whether you want to say anything or call any evidence. The Magistrate also gives a warning that "anything you say will be taken down and may be used against you."
It is important to pay attention to this warning. Usually, there is no advantage in saying anything to the Magistrate or in calling evidence. You can simply reply "I do not wish to say anythinmg." It would be unwise to say anything or to call evidence without being legally represented or advised.
The Magistrate will tell you which District or Supreme Court you must appear in next and set a date.
What should you do after a committal?
If you have legal aid for your committal, then the grant of aid will extend to your appearance in the District or Supreme Court.
If you do not have legal aid for your committal, and if you want legal aid for your appearance in the District or Supreme Court, send an application immediately after your committal to: Records,
Grants Division
Legal Aid Commission of NSW
PO Box K847
Haymarket NSW 1238
Tel: 9219 5008 |
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