What is committal in the NSW Local Court?

The bridge from the Local Court to trial.

Indictable offences, the serious ones, are tried in the District or Supreme Court, but they begin in the Local Court. Committal is the set of steps that takes a matter from its start to the point where it is committed, meaning sent up, to the higher court for trial or sentence. It is a filtering and case-management process, not a mini-trial, and its shape changed significantly under reforms that came into effect in 2018.

This is general information, not advice on your matter. Committal applies to indictable matters, and the steps and their timing can affect the whole case, including plea negotiations and the charges that go forward. If you are facing an indictable charge, this is a stage where early advice matters, because decisions made here shape what happens in the higher court.

What is the charge certificate?

The charge certificate is the document the prosecution files that certifies the charges that will proceed. It is a filtering step: the prosecution reviews the case and states which charges it will take forward to the higher court. This forces an early, considered decision about the charges, rather than leaving them unsettled, and it can result in some charges being dropped at this point.

For the accused, the charge certificate is significant because it fixes what they are actually facing going into the higher court. Charges that survive the certificate are the ones the prosecution has committed to. It is one of the reasons the modern committal process front-loads decisions that used to be made much later, giving both sides an earlier picture of the real shape of the case.

What is the case conference?

Where the accused is legally represented and the matter is heading for the District or Supreme Court, a case conference is generally required before committal for trial. It is a meeting between the prosecutor and the defence to discuss the case, identify the issues, and explore whether the matter can be resolved, for example by pleas to some charges. The parties then complete a case conference certificate recording the outcome.

The case conference is a deliberate push towards early resolution and issue-narrowing. Many matters resolve, in whole or in part, through this process, which saves the higher court a trial and can secure the accused the benefit of an earlier plea. Even where the matter does not resolve, the conference clarifies what is genuinely in dispute, which focuses the trial that follows.

Do witnesses give evidence at committal now?

Generally, no. The old committal system, where witnesses could be called and cross-examined in the Local Court before a matter went up, was largely abolished by the 2018 reforms. The modern process is paper-based and case-management focused, without the committal hearings that once let the defence test prosecution witnesses at an early stage.

This is a major change from how committal used to work and from how it is often portrayed. The testing of witnesses now happens at trial in the higher court, not at committal. The committal stage is about certifying charges, holding the case conference, and moving the matter up, rather than about hearing evidence. Understanding that shift is important, because it changes where and when the defence gets to challenge the prosecution case.

What does the magistrate decide at committal?

In the modern process the magistrate's role is largely administrative. Once the charge certificate is filed and, where required, the case conference is held, the magistrate commits the accused to the higher court for trial or for sentence, depending on whether the accused is pleading not guilty or guilty. The magistrate is managing the matter to the point of committal rather than deciding guilt or the strength of the evidence.

If the accused indicates a plea of guilty to an indictable charge at this stage, they can be committed for sentence, and an early plea attracts a sentence discount, as our note on the early plea discount explains. If the plea is not guilty, the matter is committed for trial. The choice of plea, made with advice, is one of the most important decisions at this stage.

Why does the committal stage matter?

Committal matters because decisions made here shape the higher court case. The charges are certified, the case conference explores resolution, and the plea is indicated. Getting proper advice before the case conference, and before indicating any plea, can affect which charges go forward, whether the matter resolves early, and the sentence discount available. These are not administrative details; they are the framework of the whole prosecution.

The modern committal process rewards preparation. Because so much is front-loaded, the defence work done early, reviewing the brief, identifying the issues, and negotiating at the case conference, has more weight than it once did. Our note on the first thirty days of a serious matter explains why the early stages carry so much of the outcome.

Primary sources: committal for indictable offences is governed by Chapter 3 of the Criminal Procedure Act 1986 (NSW), including the charge certificate and the mandatory case conference for represented accused. The committal reforms commenced in 2018. NSW committal decisions are searchable on JADE.

Common questions

What is committal in NSW?

Committal is the process that moves a serious, indictable charge from the Local Court, where it starts, up to the District or Supreme Court for trial or sentence. It is a filtering and case-management process governed by the Criminal Procedure Act, not a mini-trial. It involves the charge certificate and, for represented accused, a case conference.

What is a charge certificate?

It is the document the prosecution files certifying the charges that will proceed to the higher court. It forces an early, considered decision about the charges and can result in some being dropped. For the accused it fixes what they are actually facing going into the higher court.

What is a case conference in committal?

Where the accused is legally represented and heading for trial, a case conference is generally required before committal. It is a meeting between the prosecutor and defence to discuss the case, identify the issues, and explore resolution, such as pleas to some charges. The outcome is recorded in a case conference certificate, and many matters resolve at this stage.

Do witnesses give evidence at committal in NSW?

Generally no. The old system, where witnesses could be called and cross-examined in the Local Court before a matter went up, was largely abolished by the 2018 reforms. The modern process is paper-based and case-management focused. Witnesses are tested at trial in the higher court, not at committal.

What does the magistrate decide at committal?

In the modern process the magistrate's role is largely administrative. Once the charge certificate is filed and any case conference held, the magistrate commits the accused to the higher court for trial, if the plea is not guilty, or for sentence, if the plea is guilty. The magistrate manages the matter to committal rather than deciding guilt.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 30 August 2026. It is general information and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. The law changes and procedure varies from case to case. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More commentary by Aaron Kernaghan.

← Back to all guides