In Victoria, criminal proceedings always begin in the Magistrates' (or Children’s) Court. Most minor charges can be finalised in the Magistrates' Court, however, some charges are so serious that they can only be finalised by a Judge and Jury in the County or Supreme Courts. In a situation like this, the Magistrates’ Court holds a committal proceeding.

The main purpose of a committal proceedings is to ensure that a fair trial takes place in the superior Court. In certain cases, defence has an opportunity to ask questions of prosecution witnesses, including the police officer responsible for bringing the charges (the informant). Recent changes in the law mean that defence no longer has this opportunity to cross-examine witnesses in cases involving: (a) a sexual offence; (b) a family violence offence; or (c) stalking. If this is the case, we can make applications on your behalf in the superior court to cross-examine certain witnesses during pre-trial.

At Angus Cameron and Partners, we have guided clients through countless committal proceedings across Victoria and understand how critical this stage is — both for testing the prosecution case and for setting up the strongest possible defence at trial.

Below is a step-by-step guide as to how committal proceedings work.

Service of Hand Up Brief

  • The Hand up Brief contains evidence that police will rely on to support their case
  • Usually, the Hand up Brief contains things like CCTV, phone records and witness statements
  • After compiling the Hand up Brief, police serve it on us
  • Once we receive the Hand up Brief, we analyse the evidence and provide you with a copy
  • We then give you advice about the strengths and weaknesses of the prosecution case
  • Based on that advice, you will give us instructions about how you want to handle the case

Committal mention

This is the first substantive hearing in a committal proceeding and is usually held about 6 weeks after receiving the Hand up Brief

  • At this hearing, the Magistrate will want to know what we are planning to do with the case
  • If you decide to contest the charges, it’s likely that we will apply for leave to cross-examine some of the witnesses who made statements for the Hand up Brief
  • At the hearing we have to justify why we should be allowed to cross-examine those witnesses
  • If the Magistrate agrees, they will order those witnesses to attend a ‘contested committal’ hearing

Contested committal

  • This is a long hearing where witnesses come to answer our questions
  • A Barrister will usually represent you at this hearing
  • The Magistrate will hear evidence from the witnesses called and they will also read the evidence in the Hand up Brief
  • In certain cases, after hearing the evidence, parties negotiate a settlement which could result in charges being withdrawn - this might allow you to stay in the Magistrates’ Court
  • In other cases, the Magistrate will commit you to stand trial in the superior Court

County and Supreme Courts

  • If you are committed to the County or Supreme Court, it can take many months of waiting for a trial to start
  • There are usually several hearings called 'directions hearings' where lawyers are agreeing on timelines for the exchange of legal documents between the prosecution and defence
  • If the matter proceeds to trial, a Jury will hear all the relevant evidence and decide whether you are guilty or not guilty

Pleading guilty

  • If, at any time during these proceedings, you decide to plead guilty, the matter is listed for a plea in the appropriate Court
  • Often, a negotiation takes place where you might agree to plead to lesser charges that can be sent back to the Magistrates’ Court where the sentencing powers are lesser than in the County and Supreme Courts

Frequently Asked Questions

What is the purpose of committal proceedings?

Prior to 2026, the main purpose of a committal was for a Magistrate to determine whether there was evidence of sufficient weight to proceed to a jury trial in the County or Supreme Court. However, the law has changed and Magistrates no longer have the power to discharge you at committal stage. Now, the primary purpose of a committal is to give the defence an opportunity to test the prosecution case by cross-examining witnesses before trial. This can be invaluable in identifying weaknesses in the evidence and preparing the defence strategy. Recent changes in the law means that this is no longer available in cases involving: (a) a sexual offence; (b) a family violence offence; or (c) stalking. If this is the case, we can make applications on your behalf in the superior court to cross-examine certain witnesses during pre-trial.

What is a Hand Up Brief?

The Hand Up Brief is the bundle of evidence that the prosecution intends to rely on. It typically includes witness statements, CCTV footage, phone records, forensic reports, and other materials. Once we receive the Hand Up Brief, we analyse the evidence carefully and advise you on the strengths and weaknesses of the prosecution case before any decisions are made about how to proceed.

Do I have to cross-examine witnesses at committal?

No. Cross-examination at committal is a tactical option, not an obligation. In some cases, cross-examination can expose weaknesses in the prosecution case and result in charges being reduced or withdrawn. In others, it may be more strategic to preserve your position for trial. We will advise you on which approach is in your best interests based on the evidence in the Hand up Brief. Note also that recent changes to the law mean that committal cross-examination is no longer available in cases involving sexual offences, family violence offences, or stalking. If this is the case, we can make applications on your behalf in the superior court to cross-examine certain witnesses during pre-trial.

What happens at a committal mention?

A committal mention is the first substantive court hearing in the committal process. The Magistrate will want to know how the matter is to proceed — whether you intend to contest the committal, seek to cross-examine witnesses, or resolve the matter in some other way. If leave to cross-examine is sought, we must justify why that cross-examination should be permitted. We appear at the committal mention on your behalf and present the strongest possible case for the approach we have agreed on with you.

Can charges be resolved at the committal stage without going to trial?

Yes. Committal is often an important opportunity to negotiate with the prosecution. After reviewing the full evidence in the Hand Up Brief, we may be able to secure an agreement to withdraw or reduce charges, or to negotiate a plea to lesser charges that allows the matter to be resolved in the Magistrates’ Court rather than proceeding to a jury trial. We explore every avenue for resolution at this stage.

What happens after committal if I decide to plead guilty?

If you decide to plead guilty at any point during the committal process, the matter is listed for a plea and sentence hearing in the appropriate court. In some cases it may be possible to negotiate a resolution involving lesser charges that can be dealt with in the Magistrates’ Court. We will advise you on the sentencing implications of any plea and present the strongest possible case in mitigation on your behalf.

Do I need a lawyer for committal proceedings?

Yes. Committal proceedings involve complex decisions about evidence, tactics, and strategy that can significantly affect the outcome of your matter at trial. Whether to seek cross-examination of witnesses, how to engage with the prosecution, and how to use the committal stage to prepare the strongest possible defence are all decisions that require experienced legal advice. We will guide you through every step of the process.

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