What is a Committal Hearing?
A committal hearing is a hearing conducted in the Local Court to determine whether or not an accused person should be committed to stand trial.
The importance of a committal hearing, where appropriate, cannot be overstated.
A criminal law specialist can advise whether to hold a committal hearing or not. The question is answered based on experience, the contents of the brief of evidence, and the desired outcome.
A committal hearing can be used to:
- Have the charges dismissed, and the accused person discharged without the need to go to trial by jury;
- Gather evidence so that the accused person gets a fair trial;
- Gather evidence to determine whether it is appropriate to continue to defend the matter, or;
- Make a No Bill application to the Director of Public Prosecutions.
Committal Hearing Application
If you are charged with a matter that is strictly indictable or a table 1 offence (or if you do not know what that means!) then you should seek immediate advice about whether application should be made for a committal hearing.
There is no right to have a committal hearing – application must be made that satisfies the legislative requirements applicable.
Contact us 24/7 for advice about the best way to proceed.
We attend Courts all over NSW. We also accept legal aid assignments for criminal trial matters. Even if your matter is in a country or rural location, having one of our experts appear for you could make the difference to the outcome. You may also want a defence lawyer who is not part of your local community to look after your matter.