Updated April 17, 2026
In Victoria, the committal process was recently reformed. The Justice Legislation Amendment (Committals) Act 2025 establishes new rules for how courts across the state will handle serious criminal charges. This reform changes how a committal hearing in Victoria moves through the court stages and how it impacts the legal steps ahead. This guide explains what the new Victorian process means for the accused.
Committal hearings deal with indictable offences, which are serious crimes like murder, rape, armed robbery, or large-scale fraud. In the past, a magistrate decided whether there was sufficient evidence to proceed to trial. This step was the committal test. The indictable offences process Victoria uses has moved away from this test. Now, the focus is on streamlining this process and managing cases more efficiently.
A committal hearing is the preliminary stage of a legal matter in the Magistrates’ Court. At this hearing, the court reviews the evidence gathered by the police to determine whether the matter can be resolved without a trial. It is not about finding someone guilty or not guilty. That happens at a trial. The hearing identifies what the prosecution plans to prove and prepares the matter for a higher court.
The committal process is primarily initiated in the Magistrates’ Court of Victoria, where the early steps, like filing hearings and committal mentions, are handled for a large number of criminal cases. Other courts that hear these cases include major regional and metropolitan Magistrates’ Courts across the state in these locations:
If a matter is deemed serious and a trial is necessary, it is sent to a higher court. This court is either the County Court of Victoria or the Supreme Court of Victoria.
Committal hearings are designed to protect the rights of the accused (the defendant). They can look at the prosecution’s case to understand the charges against them.
A committal hearing is when an accused person receives a “hand-up brief,” which lays out all the witness statements and physical evidence. They go through the details and, if the evidence is weak, challenge the prosecution’s story. This process of assessing the strength of evidence early saves time, as courts do not have to spend weeks or months on cases that have no chance of success.
During a committal hearing, the defendant can also question witnesses or cross-examine them. Since this happens right before a magistrate, it clarifies what a witness actually saw. Sometimes, witnesses feel intimidated or scared for their lives, so they might change their story while being questioned. Cross-examination helps corroborate the statements made earlier or highlight any discrepancies.
While many cases may end up before a jury, the committal phase offers a fair chance to resolve early. For instance, the defence may enter a plea and the prosecution agrees to drop serious charges. The committal hearing provides a forum for such talks and also ends the legal process sooner, lowering legal costs and the stress on everyone involved.
The new reform is a major shift in the indictable offences process Victoria follows. It removes the committal test and instead focuses on getting a case ready for a higher court, streamlining the system.
In the old Victorian committal process, the witnesses (specifically sexual offence, family violence, and stalking victims) would need to provide evidence and endure cross-examination twice. They would have to testify first at the committal hearing and then again at the trial. This not only prolonged the legal process but also caused delays and stress for these victims. The reform tightens it, moving cases through the Magistrates’ Court faster while also encouraging earlier guilty pleas.
The amendments to the Magistrates Court Criminal Procedure Rules 2019 (MCCP Rules) direct the courts to handle cases based on the category they fall into:
The focus has shifted to simplified administrative management. The magistrate now acts less like a judge of the evidence and demands full disclosure of case details. Parties must fill out detailed forms and state exactly what they dispute. This forces both sides to talk earlier. The “Case Conferences” is now a required step. It is where the lawyers try to settle the case or simplify the trial.
The reform drastically changes the path to the County and Supreme Courts. It removes a layer of judicial review, which means more cases will reach the higher courts in less time.
Cases will now move to the trial courts much more quickly. This is good news for those who want a fast resolution. However, it may put pressure on the defence to work fast. They have less time to review the police evidence. This speed can be a benefit if the evidence is clear.
Defence lawyers cannot rely on the magistrate to throw out a case anymore. Since the committal test has been abolished, almost all cases will proceed. Therefore, the strategy must change. Lawyers now focus on the “Committal Case Conference.” They use this time to negotiate better plea deals and demand more evidence from the police. The work that used to happen at a hearing now happens in these meetings.
For the accused, the stakes are higher. They will likely face a trial if they do not plead guilty. There is no longer a “halfway point” where a magistrate might end the case. So, they must be ready for a higher court much sooner and with early preparation.
Each step in the new process has a specific purpose, and it is important to follow the timeline:
It starts with the Filing Hearing. This happens shortly after the police charge a person. The magistrate sets a timeline for the case. They decide when the police must give the accused the hand-up brief. This brief contains all the statements and evidence. The court also sets a date for the next hearing.
The committal mention Victoria is a vital stage. It is where the court checks the status of the matter. By this time, the accused should have the evidence. They will have attended a Case Conference with their lawyer. At the mention, the court wants to know their plea. If the accused pleads “guilty,” the matter is sent for trial. If they plead “not guilty,” the court decides how to proceed.
If the accused wants to question witnesses, they must apply for leave. The rules for this are now stricter. They must show that cross-examination is necessary by explaining that it is in the interests of justice. If the magistrate agrees, they will set a date for a committal hearing. For many offences like sexual crimes, this is no longer allowed at this stage.
After the hearings, the magistrate makes a ruling. Since the “strength of evidence” will no longer be assessed, the result is usually a “committal for trial.” The magistrate formally sends the case to the County or Supreme Court. They may set dates for the first appearance in the higher court. This step marks the end of the Magistrates’ Court involvement.
The Office of Public Prosecutions (OPP) takes over from the police once the case leaves the lower court. They file an indictment and then have an “Initial Directions Hearing” in the higher court. The judge will set a date for your trial or your plea (the final stage of the journey to a resolution).
Defendants face a faster and more formal process. They cannot wait for the court to act and must take control of their defence early. The new system can be hard for those who do not have the right support.
The accused should get a lawyer as soon as the police charge them. Decisions made at the Filing Hearing can affect the entire case. A lawyer can help manage the Case Conference and spot problems in the evidence before the case moves to a higher court.
Evidence must be compiled fast. This might include witness statements or expert reports. In the new system, the accused must identify their disputed issues early, and their defence team must work alongside the prosecution’s timeline. This thorough preparation gives you more leverage during negotiations.
Defendants will have less time between hearings. So they must stay in close contact with their legal team. They must make sure that they attend every court date. The magistrate expects the case to progress without delays. Being organised can also reduce the stress of facing serious charges.
At Doogue + George Defence Lawyers, we are specialists in criminal law. We have defended over 47,000 criminal prosecutions. Our team includes nine accredited specialists and has more than 30 years of experience in the Victorian courts. We have been on top of the 2025 reforms and can use the new Case Conference system to your benefit.
Our firm also uses Crimebase, a specialised legal database, to find precedents related to a case. Plus, we can provide advice for police interviews and bail applications. Hence, working with our team means you will have an experienced team supporting you through committal hearings and potential trial.
It is a preliminary court stage for serious charges. It prepares a case for trial in a higher court. Under the new rules, it focuses on identifying legal issues rather than weighing evidence.
If the magistrate commits the matter, it moves to the County Court or Supreme Court. The prosecution files an indictment. A trial date or plea date is then set.
Only if the court grants leave (permission). Cross-examination is banned for sexual offences and family violence matters at this stage. You must show the court why questioning the witness is necessary for justice.
No. Some very serious matters, like homicide, now bypass this stage. Others are resolved during a Case Conference or at the committal mention.
The process is faster, so there is less chance of charges being dismissed by a magistrate before trial. Defendants must prepare their defence early with high-quality legal representation.
“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”
