Magistrates' Court Criminal Procedure Rules 2019

Rule 60

Notice of Committal Proceeding

In the Magistrates' Court of

Victoria at [venue] Court Ref.:

TO: [accused]

of [address(es)]

Date charge-sheet filed:

Informant's contact details: [insert contact details]

COMMITTAL MENTION DATE

You have been charged with *a criminal offence/*criminal offences.

There will be a committal mention hearing in relation to the charge or charges at the Magistrates' Court at [venue] on [date] at [time].

You must attend court on that date.

WHAT IS A COMMITTAL PROCEEDING?

A committal proceeding is a proceeding in the Magistrates' Court for some cases involving indictable offences. A committal proceeding has a case management function. The purposes of a committal proceeding are—

• to determine whether a charge for an offence is appropriate to be heard and determined summarily by the Magistrates' Court; and

• to determine how you propose to plead to the charge or charges against you; and

• to ensure a fair trial, if the matter proceeds to trial.

If the Court determines that a charge against you is not appropriate to be heard and determined summarily, the Court will commit you for trial in the County Court or the Supreme Court in relation to the charge.

Depending on the nature of the case and of the witnesses, a committal hearing may be held and you may be able to ask the Court's permission for you or your lawyer to cross-examine some or all of the witnesses about their statements.

WHAT WILL HAPPEN BETWEEN NOW AND THE COMMITTAL MENTION DATE?

At least 42 days before the committal mention hearing, the person who charged you (the informant) will provide you (or your legal practitioner, if you have a legal practitioner) with a hand-up brief. The hand-up brief will set out the evidence relating to the charge or charges against you. This will include statements made by witnesses.

You or your legal practitioner will be notified of the prosecutor's contact details. You or your legal practitioner must discuss the case with the prosecutor before the committal mention hearing.

You will receive further information about the process when you receive the hand-up brief of evidence.

THIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE IT.

If you do not have a lawyer, you should contact a legal practitioner or Victoria Legal Aid as soon as possible.

[telephone number for Law Institute of Victoria Referral Service]

[address and telephone number for Victoria Legal Aid]

[address and telephone number of registrar of Magistrates' Court]

If you come to the committal mention hearing without a lawyer the Court will not delay the hearing to enable you to get a lawyer unless you have already made reasonable efforts to get a lawyer.

Date:

*Delete if not applicable