In NSW, a committal hearing is an inquiry conducted by a magistrate in the Local Court in relation to an indictable offence. An indictable offence is an offence that carries the right to trial by jury in the District Court or the Supreme Court. By contrast, a summary offence is an offence where the right to trial by jury has been removed by law, and the matter is dealt with in the Local Court by a magistrate.
Certain indictable offences can be dealt with in the Local Court, but it depends on the offence and whether the prosecution or the defendant or both agree to that course. This decision can be of significant importance to a defendant, because having a matter disposed of summarily invariably means that the maximum penalty that can be imposed on conviction in the Local Court is far less. (further information refer to summary trials in the index)
If the matter does proceed by way of a committal hearing, then the magistrate considers all the evidence of the prosecution and any of the defence. At the conclusion of the inquiry, if the magistrate is of the opinion that, on the basis of all the evidence presented, there is a "reasonable prospect" that a jury would convict the defendant of an indictable offence, then the defendant must be committed to the District Court or Supreme Court for trial, or sentence if the defendant elected to plead guilty. Alternatively, if the magistrate is not so satisfied, then the defendant must be discharged.
Witnesses are generally not required to attend court to give evidence at a committal hearing. The magistrate will rely on the written statements of the witnesses, unless the magistrate has ordered their attendance on the request of the defendant.
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