Committals Are you facing a committal? A committal is a pre-trial procedure at which a Magistrate decides whether the prosecution has enough evidence against you to justify committing you for criminal trial or sentence. If there is enough evidence, your case will be heard in the District Court or the Supreme Court. You need not enter a plea at the committal. However if you do plead guilty it is likely that you will be committed for sentence. If you plead not guilty, or enter no plea, you may be committed for trial. If you plead not guilty when you appear at a trial in the District Court or Supreme Court, a jury will decide whether or not you are guilty. If you are in doubt about the procedure, you should seek more advice from a solicitor. Is legal aid available? Legal aid is available for committals proceedings. If you wish to apply for legal aid for a committal proceeding, you should lodge an application at your nearest Legal Aid office. Grants of legal aid are subject to a means test. You may also be required to pay a contribution. There are also limits on the extent of legal aid for committals. Contact our Legal Aid Helpline toll free 1800 806 913 if you need further information on our guideline for grants of aid in committal proceedings on 1800 806 913 (Monday to Friday 9am to 5pm). If you are ineligible for legal aid , you can instruct a private solicitor to appear for you or represent yourself. It is unwise to attempt to represent yourself unless you are well prepared and have had legal advice. What will happen at a committal hearing? You will be given a brief (a copy of the statements of the prosecution's witnesses) prior to the committal hearing. Prior to the committal, the Magistrate will set: a date by which you must be given the brief and a date by which you must tell the prosecution whether you want any of their witnesses to give evidence in person at the commital. If you want the witnesses to give evidence in person then you will need to apply to the court for them to attend the committal hearing. You or your representative will then be able to cross-examine them. You do not have an automatic right to require the prosecution witnesses to come to Court. Depending on the offence you are charged with and the evidence to be given by the witness you will need to convince the Magistrate that there are either special or substantial reasons why the witness should be required to appear in person. No witnesses can appear in person and be cross-examined unless the Magistrate is of the opinion that there are substantial reasons why, in the interests of justice, that witness should give oral evidence. If the offence involves violence, the alleged victim cannot be called to give oral evidence or be cross-examined unless the Magistrate thinks that there are special reasons why, in the interest of justice, the victim should give oral evidence. If the prosecution witnesses do not give oral evidence at the committal proccedings, the hearing will be dealt with as a paper committal. Most commitals are paper committals. In a paper committal, the prosecutor will give the Magistrate the brief of evidence to read. A copy of the brief should have been given to you earlier. The Magistrate then has to decide whether there is enough evidence to commit you for trial (if you have pleaded not guilty or not entered a plea) or for sentence (if you have pleaded guilty). How does the Magistrate decide? The Magistrate must decide whether the evidence is so strong that a jury would probably convict you at a trial. If the Magistrate decides that a jury would not convict you, you will then be discharged. The outcome of most committal proceedings is that the Magistrate commits for trial. If the Magistrate makes the decision to commit for trial, you will be asked whether you want to say anything or call any evidence. The Magistrate also gives a warning that "anything you say will be taken down and may be used against you." It is important to pay attention to this warning. Usually, there is no advantage in saying anything to the Magistrate or in calling evidence. You can simply reply that you have nothing to say. It would be unwise to say anything or to call evidence without being legally represented or advised. The Magistrate will set a date and tell you which District or Supreme Court you must appear in next. What should you do after a committal? If you want legal aid for your appearance in the District or Supreme Court, send an application immediately after your committal to: NSW Legal Aid Criminal Indictable Section PO Box K847 Haymarket NSW 1238 Telephone : (02) 9219 5750

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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.