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ARTICLE · 12 APRIL 2023

Committal hearing: Criminal Law Australia

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Committal hearing aims to determine whether there is sufficient evidence to justify a trial in a higher court.

AustraliaCriminal Law
John Bui
John Bui
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What is a committal hearing in criminal law proceedings in Australia? This hearing occurs if the accused person, with the help of their legal representative, cross-examines the witnesses who have made statements against them. This hearing aims to determine whether there is sufficient evidence to justify a trial in a higher court. The hearing can also lead to the following:

  • A Magistrate concluding that there is no sufficient evidence to support a conviction in a preliminary hearing. Therefore, the Magistrate will dismiss the matter at the Magistrates Court.
  • The prosecution inviting submissions on a discontinuance, which may result in a withdrawal before the matter is heard by a jury.

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