Canberra · How the ACT courts work
Committals in the ACT.
Before a serious indictable matter can be tried in the ACT Supreme Court, it passes through a committal in the Magistrates Court. It is the first real test of the prosecution case.
- WhereMagistrates CourtCommittal stage of indictable matters
- Governing ActMagistrates Court Act 1930Chapter 3, committal proceedings
- The testNo reasonable prospectCommit unless conviction has none
- ThenSupreme CourtTrial on indictment
What a committal is.
A committal is the process by which the Magistrates Court decides whether a serious indictable matter should go to the Supreme Court for trial. It is governed by Chapter 3 of the Magistrates Court Act 1930 (ACT). The prosecution serves a brief of evidence, and the court then decides whether the matter is committed for trial or the person is discharged.
It is not a trial. Guilt is not decided at committal. The magistrate is deciding whether the case should go up at all.
The test the magistrate applies.
The modern ACT test is put negatively. Under s 94 of the Magistrates Court Act 1930 (ACT), the court commits the person for trial unless it is satisfied that there is no reasonable prospect that the person would be found guilty of an indictable offence. If the magistrate is satisfied there is no reasonable prospect of conviction, the person is discharged.
The older language of committal, whether there is sufficient evidence to put the accused on trial, has been replaced by this no-reasonable-prospect threshold. It is worth stating correctly, because it is the standard that a weak Crown case is tested against.
What happens at committal.
The prosecution provides its brief of evidence in advance. In many matters the committal proceeds on the papers. In some, the defence applies to cross-examine a witness, which can be permitted where there is a proper basis. A person can plead guilty at committal, and a matter can be committed for sentence rather than trial. Committal can also be waived.
How the committal is run is a strategic decision. Testing a key witness, narrowing the charges, or exposing a gap in the Crown case at committal can change the shape of the matter that reaches the Supreme Court.
Why the committal matters for the trial.
The committal is the first time the whole Crown case is on the table. It is where the brief is read closely, the elements are matched against the evidence, and the real strengths and weaknesses appear. A matter prepared properly at committal is a matter prepared for trial.
Frequently asked.
What is a committal in the ACT?
It is the process in the Magistrates Court that decides whether a serious indictable matter should be tried in the Supreme Court. It is governed by the Magistrates Court Act 1930 (ACT). Guilt is not decided at committal.
What test does the magistrate apply at an ACT committal?
Under s 94 of the Magistrates Court Act 1930 (ACT), the court commits the person for trial unless satisfied there is no reasonable prospect that the person would be found guilty of an indictable offence. If there is no reasonable prospect of conviction, the person is discharged.
Can I cross-examine witnesses at a committal?
Sometimes. Committals often proceed on the papers, but the defence can apply to cross-examine a witness where there is a proper basis. Whether to do so is a strategic decision.
What happens after I am committed?
The matter proceeds to the Supreme Court, where it is tried by a jury or, for eligible offences, by a judge alone if the accused elects. A person can also be committed for sentence after a plea of guilty.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
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