The committal stage starts once the ODPP has made a charge determination and has taken over the matter. It involves two main hearings: a committal hearing and an answer charge hearing.

Committal hearing

If the accused pleads not guilty at the committal hearing, the ODPP prosecutor will tell the court if further evidence is being obtained to complete the committal brief.

The court will then adjourn to give the prosecution and the accused time to consider the committal brief before the answer charge hearing.

If the accused pleads guilty at the committal appearance, the court can skip the answer charge hearing.

Usually, the matter will be transferred to the District or Supreme Court for sentencing. In some circumstances, sentencing can take place in the Magistrates Court.

Answer charge hearing

At the answer charge hearing, the accused will be asked whether they want to plead guilty or not guilty.

If the accused pleads guilty (at either the committal or answer charge hearing), the Magistrate will usually transfer the matter to the District or Supreme Court for sentencing.

In some circumstances, sentencing can take place in the Magistrates Court.

If the accused pleads not guilty at the answer charge hearing, the Magistrate will transfer the matter to the District or Supreme Court for a trial.