Committal proceedings in NSW.

What is committal?

Committal is the process by which an indictable matter is prepared in the Local Court and then sent, or committed, to a higher court. It is not the trial. It is the set of steps that get the matter ready, fix the charges, and give both sides a clear view of the case before it goes up.

The old committal hearing, at which witnesses regularly gave evidence and a magistrate decided whether there was enough to go to trial, has largely gone. The reforms replaced it with a more managed process built around the charge certificate and the case conference.

The charge certificate

Early in the process the prosecution must file a charge certificate. This certifies the charges that will proceed and those that will not. It forces the prosecution to settle the case at an early stage, so the accused knows the charges they actually face before the matter is committed.

The certificate is an important document for the defence. It fixes the shape of the case and starts the clock on the next steps. Advice at this point, once the brief of evidence is served, sets up everything that follows.

The case conference

In matters that will go to trial, the prosecution and the defence must hold a case conference. Its purpose is to identify the issues, explore whether any charges can be resolved, and see whether an early plea is possible on an appropriate basis. The outcome is recorded in a case conference certificate filed with the court.

The case conference is also where the value of an early plea is often realised. A plea entered at this stage attracts the largest discount, so the conference is a real opportunity, not just a formality.

Can witnesses be cross-examined at committal?

Only with leave. Under the current process a witness can be required to attend for cross-examination at committal only where the magistrate grants leave, and for a complainant or a vulnerable witness in certain matters that is not available at all. This is a significant change from the old system.

Where leave is granted, the cross-examination is limited to the issues identified. The defence has to show substantial reasons why it is in the interests of justice for the witness to attend. Getting that application right can be important to the trial that follows.

Committal for trial or sentence

Once the steps are complete, the magistrate commits the accused to the higher court. If the accused has indicated a plea of guilty, the matter is committed for sentence. If not, it is committed for trial, where it will be dealt with by a judge and, in a defended matter, a jury.

The committal is the foundation of the higher-court case. The charges are set, the brief is served, the issues are identified, and the plea position is clear. Careful work at committal shapes the whole matter, which is why early advice from experienced counsel matters. Our note on the first thirty days explains how a serious matter begins.

Frequently asked.

What is a committal in NSW?

The Local Court process that prepares a serious, indictable criminal matter and then sends it to the District or Supreme Court. It fixes the charges, gives both sides a view of the case, and ends with the accused being committed for trial or sentence.

What is a charge certificate?

A document the prosecution must file certifying which charges will proceed and which will not. It forces the case to be settled early so the accused knows the charges they face before the matter is committed.

What is a case conference?

A meeting between the prosecution and the defence, required in matters heading to trial, to identify the issues and see whether an early plea is possible. The outcome is recorded in a case conference certificate.

Can I cross-examine witnesses at committal?

Only with leave, and not at all for complainants and certain vulnerable witnesses in some matters. The defence must show substantial reasons why the witness should attend in the interests of justice.

What does committed for trial mean?

It means the Local Court has sent the matter to a higher court to be tried, because the accused has not pleaded guilty. If the accused indicates a guilty plea, the matter is committed for sentence instead.

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 3 September 2026. It is commentary 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. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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