Updated July 10, 2020
Updated July 10, 2020
The article What is a Committal Mention? is written by Doogue + George Defence Lawyers.
Doogue + George are experts in criminal law and have been involved in thousands of criminal matters and defended clients in hundreds of jury trials and thousands of other criminal cases. Our experienced lawyers have unparalleled experience in criminal law.
A committal mention is a short hearing in the Magistrates’ Court where the Court checks the status of the case and decides how serious criminal charges will proceed. Almost all criminal matters in Victoria begin in the Magistrates’ Court, even when the charges can ultimately only be resolved in the County Court or Supreme Court. At this stage, the Magistrates’ Court has an important administrative role: it manages the evidence, ensures the brief has been served, and determines whether the charges should be ‘committed’ to a higher court.
This committal process can happen in two ways:
after a committal hearing (a contested committal).
Before the committal mention takes place, the first court date is known as a filing hearing. This is sometimes referred to by people as the first appearance committal, and it marks the point where the Magistrates’ Court sets the timetable for how the case will move forward.
At the filing hearing, the Court will:
The usual timeline is: filing hearing → brief service → committal mention.
The committal mention is usually set between 6 weeks – 3 months after the service of the brief, depending on the amount of material in the brief. It is expected that in the time between the filing hearing and the committal mention, both the Crown and Defence have read the brief and identified the issues in the case.
So, the committal mention process is very important as the time during which you get advice and give instructions about whether you are pleading guilty or not.
The committal mention is essentially the decision point in the committal stream.
In most cases, one of three things will occur at a committal mention in the Magistrates’ Court:
At a police committal mention, you may instruct your lawyer to negotiate with the prosecution. These negotiations are based on the evidence in the brief and the factual issues that can be agreed upon or amended.
You may choose to:
If the matter resolves before or at the committal mention, it will be listed for a plea hearing.
In some cases, negotiation can lead to more serious charges being withdrawn and replaced with lesser offences. This may allow the matter to remain in the Magistrates’ Court and be dealt with summarily rather than being committed to the County Court or Supreme Court. This is known as applying for summary jurisdiction, where a Magistrate, rather than a Judge, sentences you.
However, some offences – such as kidnapping, rape, murder, or trafficking commercial quantities of drugs – cannot be dealt with summarily. If you plead guilty to these charges, your case must proceed to the County Court or Supreme Court for sentencing.
If you do not intend to plead guilty, you can contest the charges and request a committal hearing. This option is appropriate where you deny the allegations, believe the charges are wrong or exaggerated, or have a legal defence such as self-defence or mistaken identity.
A committal hearing is a short hearing in the Magistrates’ Court (without a jury) where the defence may cross-examine key witnesses. The purpose is to clarify matters in dispute, test weaknesses in the prosecution’s case, and help the Magistrate decide whether the evidence is strong enough to justify sending the matter to a higher court for trial.
To proceed to a committal hearing, your lawyer must file a Form 32-A (commonly called a Form 32). This form sets out:
After cross-examination, the Magistrate must decide whether there is evidence of sufficient weight to support a conviction on each charge. This test is relatively low, and most matters are committed for trial. If the Magistrate finds there is insufficient evidence, you will be discharged.
A third option is to skip the committal hearing altogether and proceed directly to the County Court or Supreme Court. This is known as a straight hand-up brief.
At the committal mention hearing, you may instruct your lawyer to waive the contested committal process. The Magistrate will then commit the matter immediately and set a date for your Initial Directions Hearing in the higher court. No witnesses are cross-examined, and no committal hearing is held.
You can choose a straight hand-up brief even if you intend to contest the charges at trial. Your lawyer will advise you on whether there is any strategic benefit in bypassing the committal hearing based on the issues in your case.
When a matter is committed to a higher court, the Magistrate must give certain cautions directly to the accused person. The main caution is under s 144 of the Criminal Procedure Act, warning that any statement you choose to make may be used in evidence. Depending on the charges, additional cautions may also be required.
Your lawyer may also make requests for disclosure at the committal mention. These requests aim to obtain outstanding materials from the prosecution that are relevant to the case. The prosecution can raise objections to disclosure, and the Magistrate may be asked to rule on what must be produced.
The committal mention is a critical stage in the criminal process because it forces the parties to identify the real issues early. It is often the key decision point – whether to:
Resolving matters at this stage can prevent delays, narrow the issues, and reduce unnecessary litigation.
Every case is different, and the right approach depends on the strength of the evidence, the charges, and your personal circumstances. Getting early legal advice ensures you make informed decisions and protects your position as the matter moves forward.
A committal mention can determine the entire direction of your case. The decisions made at this stage affect negotiations, evidence, timelines, and whether your matter stays in the Magistrates’ Court or moves to the County Court or Supreme Court.
Doogue + George has three decades of experience handling committal mentions, committal hearings, and serious indictable matters across Victoria and Queensland. If you have a committal mention coming up – or have just received a brief of evidence – speak to one of our lawyers as early as possible.
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A committal mention is an administrative hearing where the Magistrates’ Court checks the status of the case and decides how it will proceed. A committal hearing is a contested hearing where witnesses may be cross-examined, and the Magistrate decides whether there is enough evidence to send the matter to a higher court.
Yes. You can indicate a plea of guilty or negotiate amended charges at the committal mention. If the matter resolves, it will be listed for a plea hearing in either the Magistrates’ Court or, for more serious offences, the County or Supreme Court.
If police have laid serious indictable charges that cannot be heard summarily, the Magistrate will commit the matter to the County Court or Supreme Court once the committal process is complete. Negotiation may still occur, but certain offences must proceed to a higher court regardless of the plea.
The principles are similar, but the processes are not identical. Queensland uses a different committal framework, and the terminology and procedures vary. If your matter is in Queensland, it is important to get advice from a lawyer familiar with the QLD court system.
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
