Committal hearings in Queensland

What a committal is for

Serious offences in Queensland are heard in the District and Supreme Courts. Every one of them starts in the Magistrates Court, because all charges commence there.

The committal is the checkpoint between the two. It exists so that matters without sufficient evidence do not consume the time and resources of the higher courts, and so that a person is not put to trial on a case that could not sustain a conviction.

The magistrate is not asked whether you are guilty. That question belongs to the trial. The magistrate is asked whether the prosecution has evidence capable of supporting a conviction.

The three options

Once your solicitor receives the brief of evidence, being the material the prosecution relies on, the two of you decide how to approach the committal. There are three routes.

1. Registry committal

There is no hearing. At the request of the defendant and with the agreement of the prosecution, the matter moves administratively from the Magistrates Court to a higher court.

This suits matters where there is no benefit in questioning witnesses, or where the evidence is straightforward. It can also be the right call where the more productive conversation is with the Crown prosecutor in the higher court rather than with a police prosecutor.

2. Full hand-up committal

The prosecution hands up its full brief of evidence, but no witness is cross-examined. The magistrate reviews the statements and exhibits and decides whether the matter proceeds.

This is common where the defendant intends to plead guilty, or where the evidence is not seriously disputed and there is nothing to be gained from testing it early.

3. Committal with oral evidence

The prosecution still tenders its written case, but nominated witnesses attend and are cross-examined by the defence. In Queensland this requires either the prosecution’s consent or a direction from the magistrate, and the defence must identify the issues that make the cross-examination necessary.

This is the route to take where there are significant gaps in the case, where a witness is demonstrably unreliable, or where there is a specific strategic reason to lock evidence down. It is also the slowest and most expensive option, so the decision should be made deliberately.

What happens at a committal with cross-examination

The prosecution presents its case and the nominated witnesses attend court. Defence counsel cross-examines them, with several purposes in mind:

• testing whether the evidence is credible and reliable;
• exposing inconsistencies between statements, or between a statement and other material;
• identifying weaknesses that can be used later; and
• locking a witness into an account so there are no surprises at trial.

At the end, the magistrate decides whether there is enough evidence for the matter to continue to the District or Supreme Court.

Advantages of a full committal

• Testing credibility. Cross-examination is the only chance to test prosecution witnesses before trial.
• Identifying weaknesses. Cracks that emerge can support a no case submission or later negotiations.
• Early resolution. If the evidence is weak enough, the magistrate may decline to commit, or the prosecution may discontinue, and the trial never happens.
• Negotiating position. Lesser charges are sometimes agreed once the evidence has been tested.

Disadvantages

With early dismissal on the table, why would anyone choose otherwise? Three reasons.

• You show your hand. The prosecution learns the defence approach and has time to shore up whatever you exposed before trial.
• Cost and delay. Preparing and running a committal with cross-examination takes significant time and money, and it pushes the trial date out.
• Sentencing consequences. If you are later convicted or plead guilty, a court may take into account the inconvenience caused to witnesses who were required to attend, which can reduce the discount otherwise available.

How to approach the decision

Committals filter out cases that cannot sustain a conviction. That function is worth using, but only where the evidence actually supports it.

If you have been charged with a serious offence, weigh the three options with your solicitor once the brief is in and has been read properly. Done well, cross-examination at committal can end a matter or reduce it. Done reflexively, it damages both the trial strategy and the eventual sentence.