Whilst these matters are to be heard in the higher Courts, all criminal matters are commenced in the Magistrates Court. In order for the charges to be moved from the Magistrates Court to the District or Queensland Court, they must go through the process of committal. Committal is the process whereby the Court must be satisfied that there is a prima facie case that should be heard by the higher court, prior to it being moved.
The purpose of the committal hearing is not establishing a person’s guilt, it is a preliminary step in proceedings that allows the court to determine if there is sufficient evidence to proceed to a jury trial. During this preliminary step, the prosecution must serve on the defence the brief of evidence that they seek to rely upon. The evidence must outline all witness statements, contain relevant documentation; including recordings, photographs and any other relevant evidence that pertains to the charge.
Committal hearings can proceed with or without oral evidence. Hearings with oral evidence allows the defence to cross examine the Crowns witness to test the accuracy and creditability of their witness. The oral hearing is generally reserved for non-guilty pleas and provides the chance for the defence to determine weakness in the prosecution’s case. If the court determines that there is insufficient evidence, then the matter will be dismissed. However, if the Magistrate determines that there is enough evidence for the jury to be satisfied beyond reasonable doubt, then the Magistrate will commit the matter to a higher court.
Generally, committal hearings will not require oral evidence and can be committed by consent. One way that a matter can be committed by consent is by a full hand up. A full hand up committal requires the prosecution to provide the brief of evidence to the Magistrate who will determine if there is sufficient evidence to commit the matter to a higher court.
Another way a committal can occur is through a registry committal. This process is an administrative avenue and allows the charges to be committed by the registry and without appearance in court. For a registry committal to be permitted, the accused must have legal representation, not be in custody, and must not be in breach of an undertaking of bail. The prosecution must serve the brief of evidence to the defence who then makes the application for registry committal.
The committal hearing process is a vital mechanism for determining whether there is sufficient evidence to commit a person to stand trial. The process ensures that due process is followed and that all actors of the process are ensuing that justice is being administered.
