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.