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Committal hearing

The magistrate's role is to decide if there is sufficient evidence on which a jury could convict to send the defendant to trial in the District Court or Supreme Court.

  • the prosecutor will present the case against the defendant and call witnesses to obtain their evidence
  • the defence lawyer or defendant may cross-examine these witnesses
  • the magistrate may invite submissions
  • after hearing all the evidence the magistrate will decide if there is sufficient evidence to put the defendant on trial
  • if satisfied the magistrate will charge the defendant
  • the magistrate will warn the defendant and then ask the defendant if they want to say anything in answer to the charge or enter a plea
  • if they plead not guilty, the defendant is committed for trial in the District Court or Supreme Court
  • if they plead guilty, the defendant is committed for sentencing
  • if there is not enough evidence the magistrate will dismiss the case.

Resources

  • Queensland Courts
  • Virtual tour Our virtual court tours provide an overview of the people in the courtroom, video blogs from people who work in the courts and a series of videos about the courts.

See also

Last reviewed
1 February 2010
Last updated
9 March 2012

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