What is a Committal Hearing?
- A committal hearing is the third step in the committal process, occurring after a committal mention and before a trial in the County Court. At a committal hearing an accused person will have the opportunity to cross examine witnesses where leave has previously been granted by a magistrate. A committal hearing will always relate to serious criminal charges and will always involve serious indictable offences.
- In Victoria, there are two procedural streams by which criminal charges can proceed, they are the summary stream and the indictable stream. Committal hearings must proceed in the indictable stream.
- Following the committal hearing a magistrate will decide whether there is sufficient evidence to send the matter to the County Court or the Supreme Court or whether in all the circumstances the charges should be struck out.
What happens at a Committal Hearing?
- At the hearing, an accused person is given an opportunity, through their chosen legal representative, to cross-examine both the complainant and any other relevant witnesses relied upon by police to prove the charges.
- It is an opportunity for defence to highlight inconsistencies in the prosecution’s case by eliciting testimony that is inconsistent with the witness’s original evidence.
- At the conclusion of the committal hearing, a Magistrate must determine whether there is sufficient evidence to support a conviction. If so, the matter will be committed for trial, if not the charges will be struck out per section 128 of the Criminal Procedure Act 2009.
How Long Does a Committal Hearing Take?
The duration of a committal hearing will always be determined by the number of witnesses being called and whether there are co-accused attached to the proceedings. The average time that a committal takes is usually one day, but a committal hearing can take anywhere from a couple of hours to multiple days and depends on;
- The number of witnesses involved
- The presence of any co-accused participating in the committal hearing
- The quantity of the allegations made by the complainant
- The length and detail of statements provided by each witness
No Committal Hearing Regarding Certain Charges
- Unfortunately in Victoria it is legislated that certain charges cannot proceed to committal hearing. Any charges relating to an alleged sexual crime that involves a child or cognitively-impaired complainant cannot proceed to a committal hearing.
- The legislation determines a child to be any person under the age of 18 at the time the proceedings commenced, see section 123 of the Criminal Procedure Act.
- These type matters must proceed straight to the County Court from a committal mention in accordance with s123 and section 198A of the Criminal Procedure Act. This situation is very unfortunate, as it means the accused misses an early opportunity to test the credibility of the complainant and supporting witnesses.
It also means that in many situations the prosecution will be unlikely to consider withdrawing the matter at an early stage, which only prolongs the matter and leads to extra unnecessary stress and expense on behalf of the accused.
What is the purpose of a committal hearing?
The purpose of a committal hearing in Victoria is to allow the magistrate to determine whether to send the matter to trial, and for defence to challenge witness testimony and determine whether all disclosure has been provided by police.
What can happen after a committal hearing?
- A magistrate can make a finding that there is insufficient evidence to support a conviction and discharge the matter.
- Regardless of the decision of the magistrate it might open the door to a discontinuance application at a later stage.
- Through cross examination of the informant and other witnesses, materials not previously disclosed to defence may be brought to light and ordered to be provided by the magistrate.
- Even if the magistrate commits the matter to trial, the inconsistencies may be so great that when the matter proceeds to jury trial, the jury cannot be satisfied beyond reasonable doubt in relation to the elements and find the accused not guilty.
If you have to attend a committal and haven’t hired a competent criminal defence lawyer yet, you should call our office today. Our lawyers combine preparation, talent and experience to achieve the best outcome every time.
Dribbin & Brown Criminal Lawyers run a large number of committal’s every year with outstanding outcomes. There is no-one in Victoria more suited to competently run this type of hearing for you. If you are facing a committal hearing, call our office today.
