What Happens at a Committal Hearing in Victoria?
A committal hearing is a stage in the criminal court process for serious criminal charges that may proceed to the County Court or Supreme Court of Victoria.
The purpose of a committal hearing is not to decide whether an accused person is guilty or not guilty. Instead, it provides an opportunity for the defence to test aspects of the prosecution case, identify weaknesses in the evidence, address disclosure issues and explore whether the matter can resolve before trial.
Key Points
A committal hearing takes place in the Magistrates’ Court for serious indictable offences.
It is not a trial and does not determine guilt.
The prosecution usually relies on a hand-up brief containing evidence such as statements, recordings and reports.
Witnesses may be cross-examined if the court gives permission.
The matter may proceed to trial, resolve by plea, or have charges amended or withdrawn
What Is a Committal Hearing?
A committal hearing is part of the pre-trial process for indictable offences.
It occurs in the Magistrates’ Court before a serious criminal matter is transferred to the County Court or Supreme Court.
The purpose of the committal process is to:
identify the issues in dispute;
allow limited cross-examination of witnesses where appropriate;
ensure proper disclosure of evidence;
encourage early resolution where possible; and
avoid unnecessary trials where the evidence does not support proceeding
A committal hearing does not determine whether the accused is guilty. That decision is made at a trial or plea hearing in the appropriate court.
What Charges Go Through Committal?
Committal proceedings generally apply to serious indictable offences.
Examples may include:
intentionally causing serious injury;
recklessly causing serious injury;
armed robbery;
aggravated burglary;
aggravated home invasion;
high level drug trafficking;
serious fraud; and
culpable driving
Some indictable offences may remain in the Magistrates’ Court if the court has jurisdiction and the matter is suitable to be heard there.
Where Does a Committal Hearing Take Place?
A committal hearing takes place in the Magistrates’ Court of Victoria.
If the matter proceeds beyond committal, it may be transferred to:
the County Court of Victoria; or
the Supreme Court of Victoria for the most serious offences
What Is a Hand-Up Brief?
The hand-up brief is the collection of evidence relied upon by the prosecution during the committal process.
Rather than every witness automatically attending court, the prosecution will usually rely on written material and exhibits.
The hand-up brief may include:
witness statements;
police statements;
complainant statements;
CCTV material;
body-worn camera footage;
photographs;
forensic reports;
medical reports;
expert reports;
interview recordings;
digital evidence;
financial records; and
other material relevant to the charges
Reviewing the hand-up brief is a critical part of preparing for a committal hearing.
What Happens Before a Committal Hearing?
Before the hearing, the prosecution and defence will usually complete several steps.
These may include:
The Prosecution Provides the Brief
The prosecution provides the evidence it relies upon to support the charges.
The defence reviews this material to identify:
weaknesses in the evidence;
inconsistencies;
missing material;
possible legal issues; and
available defences
The Defence Identifies Issues
The defence may consider:
whether witnesses should be cross-examined;
whether further disclosure is required;
whether charges should be negotiated; and
whether the matter may resolve by plea
Applications for Cross-Examination
Witnesses do not automatically attend a committal hearing.
The defence must generally seek permission from the court to cross-examine particular witnesses.
What Happens at a Filing Hearing?
The matter is first listed for a filing hearing. The Magistrates’ Court sets procedural directions, including timelines for disclosure of the prosecution brief and future listing dates.
What Happens at a Committal Mention?
At this stage, the parties confirm that evidence has been exchanged. The defence may indicate whether witness attendance will be required for cross-examination.
Can Witnesses Be Cross-Examined at a Committal Hearing?
Yes, in appropriate circumstances.
Cross-examination involves questioning prosecution witnesses about their evidence.
It may be used to:
test reliability;
clarify inconsistencies;
challenge identification evidence;
examine expert opinions;
explore disputed facts; and
identify weaknesses in the prosecution case
However, cross-examination at committal is controlled by the court.
The court may limit questioning that is:
irrelevant;
repetitive;
unfair;
oppressive; or
unlikely to assist the committal process
What Happens on the Day of the Committal Hearing?
The exact process depends on the case, but generally:
The Matter Is Called
The court confirms:
the accused’s identity;
the charges;
legal representation;
that any witnesses the defence has been granted leave to cross-examine are present and the order in which this will occur;
any preliminary issues
The Prosecution Relies on the Brief
The prosecution presents the hand-up brief and any permitted witness evidence.
Witnesses May Be Questioned
Where permission has been granted, witnesses may be cross-examined by the defence.
Can the Magistrate Discharge the matter at a Committal Hearing?
Prior to 2026, at a Committal Hearing the Magistrate could consider whether the evidence was sufficient to support a conviction for an indictable offence.
However, recent reform removed the committal test and instead focuses on getting a case ready for a higher court, streamlining the system.
What Are the Possible Outcomes of a Committal Hearing?
Several outcomes are possible.
Committed for Trial
If the matter proceeds, the accused may be committed to stand trial in the County Court or Supreme Court.
Committed for Sentence
If the accused pleads guilty, the matter may be transferred to the higher court for sentencing.
Charges Are Withdrawn or Amended
The prosecution may decide to:
amend charges;
proceed with fewer charges; or
resolve the matter by agreement
Adjournment
The matter may be adjourned where:
further evidence is required;
disclosure is incomplete;
expert reports are outstanding;
witnesses are unavailable; or
negotiations are ongoing
Can Charges Be Dropped at or following Committal Hearing?
Yes.
Charges may be withdrawn or amended before, during or after the committal process.
This may occur where:
the evidence does not support the charge;
witness evidence changes;
cross-examination reveals weaknesses;
charges are excessive or duplicated;
a plea agreement is reached; or
the prosecution determines there is no reasonable prospect of conviction
A committal hearing can sometimes play an important role in identifying whether charges should continue.
Does the Accused Give Evidence at a Committal Hearing?
Usually, no.
The accused generally does not give evidence at committal.
The focus is usually on testing the prosecution case rather than presenting the full defence case.
Any decision about calling evidence requires careful legal advice because it may affect later proceedings.
How Can a Criminal Defence Lawyer Help?
A criminal defence lawyer can assist by:
reviewing the hand-up brief;
identifying weaknesses in the prosecution case;
seeking further disclosure;
advising on cross-examination;
conducting witness questioning;
negotiating with the prosecution;
advising on plea options;
addressing bail issues; and
preparing the matter for trial or sentence
A carefully prepared committal hearing can sometimes narrow issues, reduce trial complexity or contribute to a resolution of the matter.
Practical Examples
Identification Evidence in an Armed Robbery Matter
A person is charged with armed robbery based on an eyewitness identification.
At committal, the defence may cross-examine the witness about lighting, distance, the identification process and their opportunity to observe the offender.
This may identify weaknesses in the prosecution case.
Drug Trafficking in a Commercial or Large Commercial Quantity Charge
A person is charged with trafficking a commercial or large commercial quantity of a drug of dependence based on phone messages and alleged drug quantities.
The defence may examine whether the evidence establishes trafficking, the drugs are of the relevant quantity, or whether the digital material can properly be relied upon.
Charges Withdrawn After Evidence Review
After reviewing witness evidence and inconsistencies during the committal process, the prosecution may decide that some charges should be withdrawn or amended.
What Happens After a Committal Hearing?
If the charges are not withdrawn by the prosecution, the magistrate provide a ‘committal caution’ which involves asking an accused person whether they intend to plead guilty or not guilty to the charges. In doing so, they must inform an accused person that a sentencing court may take into account a plea of guilty and the time at which the plea is made.
If an accused persons pleads not guilty, they will be committed to stand trial, and the matter will proceed to the County Court or Supreme Court.
The next steps may include:
pre-trial applications;
further disclosure;
plea negotiations;
trial preparation;
plea hearing; or
jury trial
If an accused person pleads guilty to an indictable offence, they will be committed to the County Court or Supreme Court, with the matter listed for a Plea Hearing before a judge.
If the charges are amended or resolved to lesser charges, in some circumstances defence can apply for the plea hearing to occur in the Magistrates’ Court.
Speak With a Criminal Defence Lawyer
Committal hearings can be a significant stage in serious criminal proceedings.
Obtaining early legal advice can help ensure the evidence is properly reviewed, important issues are identified and appropriate decisions are made about the future of the matter.
Stary Norton Halphen & Galbally regularly represent clients in serious criminal matters throughout Victoria.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.