What is a committal hearing?
A. At the Committal Hearing, the Magistrate will hear submissions from both sides and decide whether there is enough evidence so that a properly informed jury could convict you. Please note that the test is based on whether the jury could convict you, or whether there is not enough grounds to secure a conviction. If the Magistrate is satisfied that they could, the Magistrate will move your matters to be finalised in the higher court. If the Magistrate thinks that the jury could not, the Magistrate will dismiss the charges. Almost always the Magistrate will move the matters to the higher court. However, the benefit for you is that we can obtain the full police brief outlining their allegations which gives us the opportunity to cross examine witnesses before any trial. This will be very important in preparing your sentence or trial. The sentence or trial may take several months after the Committal Hearing to prepare.
