A committal hearing is a critical gatekeeper for ensuring that charges of a serious nature do not proceed to a full trial unless there is sufficient evidence on which someone accused could actually be convicted.

Below, we discuss what a committal hearing is, the different ways of approaching it, and what to expect along the way.

What Is a Committal Hearing?

Serious offences in Queensland are heard in the District and Supreme Courts. However, all such matters must first pass through the committal process. Charges always commence in the Magistrates court in the first instance.

A committal hearing is a preliminary step in criminal proceedings for serious offences (called indictable offences) to determine whether there is enough evidence for the matter to go to the District or Supreme Court.

This process takes place in the Magistrates Court and is like a checkpoint for the legal system. It ensures cases without sufficient evidence don’t waste the time and resources of higher courts.

Options for Committals and Why They Matter

Deciding how to approach a committal hearing is one of the most important early decisions in your case. If you have been charged, then once your criminal lawyer receives the brief of evidence (that is, the material on which the prosecutors are relying), they will discuss with you what the recommended approach is in your particular case.

Depending on circumstances, you usually have three options.

1. Registry Committal

With a “registry committal” there is no formal committal hearing.

Instead, at the request of the person charged and the agreement of the prosecution, the case moves forward administratively from the magistrates to a higher court.

You might choose this where there’s no need for (or benefit to be gained by) detailed questioning of witnesses or where the evidence is straightforward. At times, it may also be better to hold discussions with the Crown prosecutor about the matter rather than a police prosecutor.

2. Full Hand-Up Committal

A common form of committal is the “full hand-up committal”.

This is where the prosecution hands up to the Magistrates its full brief of evidence, but there is no actual cross examination of any witnesses.

The Magistrate reviews statements and evidence provided by the prosecution and determines whether the matter should proceed to the higher court.

This is common when the accused intends to plead guilty or doesn’t dispute the evidence.

3. Committal Hearing with Oral Evidence

In a full committal hearing, the prosecution is still required to present its statements and evidence in support of its case.

However, here the potential witnesses can be cross-examined in court by the defence.

You might choose this process if there are significant gaps in the case against you, if the witnesses are demonstrably unreliable, or for other careful strategic reasons

However, this is also a more drawn-out and resource-intensive option, so a decision to go down this path should be made carefully with input from your lawyers.

What Happens at a Committal Hearing?

When a committal hearing proceeds with oral evidence (cross-examination), the prosecution presents its case, and selected witnesses are brought to court. The defence lawyer cross-examines these witnesses to determine:

• if the evidence presented is credible and reliable;
• whether there are inconsistencies in statements;
• if any weaknesses in the prosecution’s case can be exploited; and
• firming up statements so that there are no surprises at trial.

At the end, the Magistrate decides if there’s enough evidence for the matter to continue to the District or Supreme Court.

Bear in mind that a committal hearing is not the same as a trial, in that the questions to be addressed are significantly different.

The Magistrate at a committal hearing is not determining a question of guilty/not-guilty like what is going to happen in a full criminal trial. Rather, the Magistrate is simply asked to assess whether the prosecution has sufficient evidence to proceed to a trial.

Advantages and Disadvantages of a Committal Hearing

Advantages

There are four main potential advantages to opting for a full committal hearing:

1. Testing Credibility: Cross-examination offers the chance to test the accuracy of prosecution witnesses and uncover inconsistencies.
2. Identifying Weaknesses: If cracks in the prosecution’s argument emerge, it can create leverage for a potential no-case submission.
3. Early Case Dismissal: If the evidence is too weak, the Magistrate or prosecutions may dismiss the case, avoiding the need for a trial completely.
4. Alternate lesser charges may be negotiated.

Disadvantages

With the potential for early dismissal on the table, why wouldn’t everyone try and test their case at a full committal hearing? Here’s why:

1. Prosecution Preparation: The prosecution gains insight into the defence’s approach, giving them time to address identified weaknesses before trial.
2. Costs and Resources: Committal hearings with cross-examination take significant time and money to prepare and proceed.
3. Impact on Sentencing: If you later plead (or are found) guilty, the court could consider the inconvenience caused to witnesses at sentencing, potentially reducing any discount on the sentence it imposes.

Key Takeaways

Committal hearings are an essential checkpoint in Queensland’s criminal law process, weeding out cases that lack sufficient evidence to proceed to higher courts.

However, if you have been charged with a serious offence then you should carefully weigh the pros and cons of the three committal options (registry, hand-up, or committal with cross examination) with your lawyer before making a decision.

If cross-examination is strategically valuable, a full committal hearing could provide an early dismissal of the case against you or lesser charges. Done wrong, however, it could negatively impact both your trial strategy and potential sentencing if later found guilty.

If you’re facing serious charges, get in touch with us today and we’ll help you through the process.