Committal Proceedings in Victoria: Filing Hearings, Committal Mentions and Trials
Serious indictable criminal matters in Victoria commonly begin in the Magistrates’ Court before proceeding to the County Court or Supreme Court for a plea, trial or sentence.
Before a serious indictable matter reaches a higher court, it may go through a series of committal proceedings. These can include a filing hearing, service of the hand-up brief, a committal mention, a committal case conference and, in appropriate cases, a contested committal hearing.
The committal process is designed to manage the prosecution case, ensure evidence is disclosed, confine the issues in dispute, enable defence to assess whether there is sufficient evidence for the prosecution to prove the charge beyond reasonable doubt, and assist in resolution discussions.
This article explains the main stages of committal proceedings in Victoria, what can happen at each stage, and the role of a criminal defence lawyer.
What Is a Committal Proceeding?
A committal proceeding is part of the process for dealing with serious indictable criminal charges before a matter proceeds to the County Court or Supreme Court.
The process generally takes place in the Magistrates’ Court of Victoria.
The purpose of the committal process is to:
manage the prosecution case;
provide the accused with the prosecution evidence;
identify the issues in dispute;
determine whether witnesses need to be cross-examined;
allow the parties to consider whether the matter can resolve; and
explore whether there is sufficient evidence for the charges to be proven beyond reasonable doubt.
Not every indictable matter will involve a contested committal hearing. Depending on the circumstances, a matter may proceed on the basis of the prosecution's hand-up brief.
Summary and Indictable Offences
Criminal offences in Victoria are broadly divided into summary offences and indictable offences.
Summary offences are generally dealt with in the Magistrates’ Court.
Indictable offences are more serious offences that may proceed to the County Court or Supreme Court.
Some indictable offences are capable of being heard summarily in the Magistrates’ Court. Whether an indictable offence can be dealt with summarily depends on the legislation, the circumstances of the offence and the requirements for summary jurisdiction.
Serious indictable offences commonly proceed through the committal process before being heard in a higher court.
The Role of a Criminal Defence Lawyer
A criminal defence lawyer can become involved well before a committal hearing.
For a serious indictable matter, a lawyer may:
explain the charges and potential penalties;
advise on bail and custody;
review the prosecution case;
obtain and assess disclosure;
identify potential defences;
advise whether the matter may be heard summarily;
negotiate with the prosecution;
prepare for committal;
identify witnesses who may need to be cross-examined;
obtain expert evidence where appropriate;
advise on whether to plead guilty or not guilty;
prepare the matter for the County Court or Supreme Court;
prepare sentencing material if the matter resolves by plea; and
advise on appeal rights where relevant.
For serious criminal matters, decisions made at the early stages can have a significant effect on how the proceeding ultimately develops.
Filing Hearing
The filing hearing is commonly the first formal stage of committal proceedings in the Magistrates’ Court.
At a filing hearing, the court may:
fix a date for the committal mention;
set the period for service of the hand-up brief; and
make directions or orders considered appropriate.
The filing hearing is primarily a case-management event. It establishes the timetable for the next stages of the proceeding.
The hand-up brief must generally be served not less than six weeks before the committal mention, subject to statutory exceptions.
A defence lawyer may use this stage to:
confirm the charges;
address bail;
identify disclosure issues;
consider the timetable for service of the hand-up brief;
identify any need for expert evidence; and
consider whether the matter may resolve before further committal steps are required.
The Hand-Up Brief
The hand-up brief is the prosecution brief used in committal proceedings.
It may contain material such as:
witness statements;
the accused's record of interview;
photographs;
CCTV;
forensic material;
medical evidence;
expert reports;
digital evidence; and
other material relied upon by the prosecution.
The hand-up brief allows the defence to understand the prosecution case and assess the evidence.
A defence lawyer may consider:
whether each element of the alleged offence can be proved;
whether witnesses appear reliable;
whether expert or forensic evidence is complete;
whether there are potential admissibility issues;
whether further disclosure is required;
whether charges should be withdrawn or amended;
whether the matter may resolve by negotiation;
whether particular witnesses should be cross-examined; and
whether the accused should plead guilty or not guilty.
Careful review of the hand-up brief is an important part of preparing for committal.
Committal Mention
The committal mention is an important case-management stage.
At the committal mention, the court will generally seek to understand how the matter is progressing and what remains to be done.
Issues may include:
whether the accused intends to plead guilty or not guilty;
whether further disclosure is required;
whether witnesses are sought for cross-examination;
whether applications for leave to cross-examine are required;
whether the matter can resolve;
whether further preparation is necessary; and
whether the matter should proceed by hand-up brief.
A committal case conference may also occur at or around this stage. This provides an opportunity for the defence and prosecution to discuss with a magistrate any unresolved issues, the strength of the case, and whether further evidence or preparation is required.
Cross-Examination at Committal
A committal proceeding does not automatically involve witnesses giving evidence in court.
There are statutory and procedural limits on cross-examination during committal proceedings.
In most matters, permission is required before a witness can be cross-examined. There are also particular restrictions applying to certain categories of offences and witnesses.
There are restrictions on contested committals in matters involving stalking, sexual offences, family violence offences and charges that can only be heard in the Supreme Court, such as Murder.
A defence lawyer will consider whether cross-examination is necessary and, where required, whether an application for leave should be made.
Changes to Committal Proceedings from 28 December 2025
The committal process in Victoria changed on 28 December 2025.
The changes mean that, in some cases, victims and witnesses no longer need to give evidence and are not allowed to be cross-examined at a committal hearing.
This does not mean that witnesses will avoid giving evidence altogether. A witness may still be required to give evidence and be cross-examined prior to trial or at trial if the matter proceeds in the County Court or Supreme Court.
The changes are important when considering how a serious indictable matter should be prepared and whether cross-examination at committal is appropriate.
Contested Committal Hearing
A contested committal hearing is a hearing where prosecution witnesses may be required to attend court and be cross-examined before a magistrate.
The purpose is not to determine whether the accused is ultimately guilty or not guilty.
Instead, the committal process explores the issues in dispute and can assist in negotiations with the prosecution or preparing the case strategy for trial.
A contested committal may involve:
prosecution witnesses giving evidence;
cross-examination by the defence;
legal arguments; and
consideration of documentary or other evidence.
Not every serious indictable matter requires a contested committal.
In appropriate cases, the matter may proceed by way of a hand-up brief without witnesses being called.
What Happens After a Committal?
At the conclusion of committal proceedings, several outcomes may be possible.
The matter may:
be committed for trial in the County Court or Supreme Court;
be committed for sentence following a guilty plea;
have charges withdrawn or amended;
or
proceed through another available prosecution pathway.
Pleading Guilty
An accused person may plead guilty to a serious indictable offence before or after committal, depending on the circumstances and stage of the proceeding.
A guilty plea means that the accused accepts legal responsibility for the offence.
Where the matter is too serious to be finalised in the Magistrates’ Court, the accused may be committed to the County Court or Supreme Court for a plea hearing and sentence.
Before entering a guilty plea, a defence lawyer may consider:
whether the charge is legally made out;
whether the accused accepts the essential facts;
whether the prosecution summary is accurate;
whether a lesser or alternative charge is appropriate;
whether disputed aggravating facts should be removed;
the likely sentencing range;
the effect of the timing of the guilty plea; and
whether psychological, medical or rehabilitation material should be obtained.
Plea Hearings in the County Court or Supreme Court
At a plea hearing in a higher court, the prosecution will generally present the facts relied upon.
The defence then makes submissions about the offending and the accused's personal circumstances.
The court may consider material including:
character references;
psychological or psychiatric reports;
medical evidence;
employment records;
rehabilitation material;
counselling or treatment records;
evidence of family responsibilities;
evidence of remorse and insight; and
other material relevant to sentence.
The defence lawyer will generally make submissions about the appropriate sentence and address matters that may reduce the penalty.
Pleading Not Guilty
If the accused pleads not guilty, the prosecution must prove the charge beyond reasonable doubt.
Following committal, a contested matter will generally proceed to the County Court or Supreme Court for further case management and trial.
The higher court may conduct directions hearings to manage the proceeding.
Directions hearings may address:
filing of prosecution material;
defence responses;
expert reports;
witness requirements;
subpoenas;
legal arguments;
special witness arrangements;
trial dates; and
other matters necessary for the fair and efficient conduct of the trial.
A defence lawyer will use this stage to identify the real issues in dispute and prepare the matter for trial.
Trial in the County Court or Supreme Court
A trial is the process by which a not guilty plea is determined in the higher court.
Serious indictable trials are generally heard before a judge and jury.
A trial commonly involves:
Arraignment — the accused is formally asked to plead to the indictment.
Jury empanelment — jurors are selected.
Prosecution opening — the prosecution outlines its case.
Prosecution evidence — witnesses give evidence and may be cross-examined.
Legal arguments — issues about evidence or the law may be considered.
Defence case — the defence may call evidence, but the accused is not required to prove innocence.
Closing addresses — the prosecution and defence summarise their positions.
Judge's directions — the judge explains the relevant law to the jury.
Jury deliberation — the jury considers the evidence.
Verdict — the jury returns a verdict of guilty or not guilty.
The accused is presumed innocent. The prosecution carries the burden of proving guilt beyond reasonable doubt.
Evidence and Witnesses at Trial
Evidence at trial may include:
witness testimony;
CCTV footage;
photographs;
forensic evidence;
medical evidence;
phone and digital evidence;
social media material;
admissions;
expert evidence; and
documentary records.
A defence lawyer may challenge the admissibility or reliability of evidence, cross-examine witnesses and make submissions about the significance of the evidence.
Preparing cross-examination is an important part of trial preparation. The defence lawyer must understand the prosecution evidence, identify inconsistencies or weaknesses and determine which issues genuinely require challenge.
What Happens if the Accused Is Found Not Guilty?
If the accused is found not guilty, they are acquitted of the relevant charge.
No sentence is imposed for a charge on which the accused has been acquitted.
The prosecution must prove the charge beyond reasonable doubt. The accused does not have to prove their innocence.
Sentencing After a Guilty Plea or Finding of Guilt
If the accused pleads guilty or is found guilty following trial, the matter proceeds to a plea hearing and sentence.
The court considers the seriousness of the offending and the circumstances of the offender when determining the appropriate sentence.
Relevant sentencing considerations may include:
seriousness of the offending;
harm caused to victims;
culpability;
prior criminal history;
plea of guilty and timing of the plea;
remorse;
rehabilitation;
deterrence;
protection of the community;
denunciation;
delay;
personal circumstances;
mental health or disability;
family responsibilities; and
prospects of rehabilitation.
Victim impact material may also be considered where applicable.
The Role of the Defence Lawyer at Sentencing
Sentencing preparation often begins well before the plea hearing.
A defence lawyer may:
obtain character references;
obtain psychological or psychiatric reports;
obtain medical material;
obtain evidence of treatment and rehabilitation;
obtain employment or education records;
identify relevant personal circumstances;
review the prosecution facts;
negotiate disputed factual matters where appropriate;
prepare sentencing submissions; and
make submissions about the appropriate sentence.
The objective is to ensure that the court has accurate and relevant information before determining sentence.
Appeals
After a conviction or sentence, appeal rights may be available.
The appropriate appeal pathway depends on the court, the type of decision and the circumstances of the matter.
An appeal may concern:
conviction;
sentence; or
both conviction and sentence.
Grounds of appeal may include:
an alleged legal error;
procedural unfairness;
admission or exclusion of evidence;
an allegedly unreasonable verdict; or
an allegedly excessive sentence.
Appeals are subject to strict procedural requirements and time limits.
A person considering an appeal should obtain legal advice as soon as possible because delay can affect their appeal rights.
Criminal Defence Lawyers Melbourne
Serious indictable proceedings can involve complex evidence, multiple court appearances and significant potential penalties. Early legal advice can assist with understanding the charges, assessing the prosecution case, considering committal strategy and preparing for the next stage of the proceeding. Much of the work in a serious criminal matter occurs before the hearing itself, through reviewing evidence, identifying legal issues and preparing the case.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.