Committal Hearings

Subject to certain exceptions, a defendant charged with an Indictable Offence is entitled to have the charge proceed initially through the Magistrates Court by way of a Committal Hearing.

A Committal Hearing is a preliminary Hearing held before a Magistrate who must decide if there is sufficient evidence in relation to the charge upon which a properly instructed jury could reasonably convict a defendant.

A Committal Hearing is an important and useful step for a defendant charged with an Indictable Offence.

A defendant is entitled to cross-examine any or all prosecution witnesses at the Committal Hearing.  This right does not extend to juvenile complainants or certain juvenile witnesses for sex offences or offences of violence where leave of the Court must be granted for their cross-examination.

Cross-examination of prosecution witnesses at Committal provides an opportunity to explore certain areas and ask certain questions which may not commonly be conducted before a jury.

The Committal Hearing also provides an opportunity to assess the prosecution witness’s demeanour and credibility under cross-examination.

Evidence given by a witness at committal is recorded and may be relied upon by a defendant at the subsequent jury trial should the trial evidence be inconsistent with the committal evidence.

Andrew’s experience and specialist criminal law knowledge ensures our clients are given the full benefit of the Committal Hearing process, whether represented by Andrew appearing on their behalf or instructing experienced Counsel.