On 28 December 2025, significant changes were made to the way serious criminal matters are managed through Victoria’s Magistrates’ Courts.

These matters begin with what are known as committal proceedings. Although the final trial or plea may take place in the County Court or Supreme Court, important decisions are often made much earlier, while the case is still before the Magistrates’ Court.

The reforms change how serious cases move through the Magistrates’ Court, including the role of the Magistrate and the circumstances in which witnesses can be cross-examined before trial.

The Magistrates’ Court of Victoria provides an overview of the new committal process, which applies where the filing hearing occurs on or after 28 December 2025.

For an accused person, the practical result is that early preparation is now more important than ever.

What is a committal proceeding?

A committal proceeding is the process used in the Magistrates’ Court for serious criminal charges that will ultimately be determined in the County Court or Supreme Court.

Less serious charges follow a different process and may be heard and finalised entirely in the Magistrates’ Court.

A committal proceeding will usually involve a series of hearings. Some are short administrative appearances, but each can play an important role in determining how the matter progresses.

During these hearings, the prosecution and defence may address matters such as:

whether further evidence needs to be disclosed
whether more time is required to review the evidence
which factual or legal issues are in dispute
whether discussions are taking place about resolving some or all of the charges
whether the accused intends to plead guilty or not guilty
whether an application will be made to question a witness

This process gives the defence an opportunity to understand the case being advanced by the prosecution and identify what evidence may be missing, disputed or unreliable.

Our article explaining what is included in a brief of evidence provides more information about the material that may need to be reviewed in a criminal case.

Why are committal proceedings important?

Committal proceedings have traditionally served several important purposes.

They assist with the proper disclosure of evidence, allow the issues in dispute to be identified and can provide an opportunity to cross-examine witnesses before trial.

That questioning may expose inconsistencies in a witness’s account, clarify an important issue or narrow the scope of the eventual trial. It can also assist both parties in assessing the strength of the case and whether an early resolution is possible.

Committal proceedings are therefore not simply an administrative step on the way to a higher court. They form part of the broader process intended to ensure that an accused person understands the prosecution case and receives a fair trial.

The reforms followed a Victorian Law Reform Commission review of committals and pre-trial procedures. The review considered how the process could be made more efficient while reducing trauma for witnesses and preserving the fair trial rights of accused people.

Under the previous system, the Magistrate also had to determine whether the evidence supporting each charge was of sufficient weight to support a conviction.

If the test was met, the accused would be committed for trial in the County Court or Supreme Court. If it was not, the Magistrate could discharge the accused on that charge.

That test has now been removed.

What has changed?

The reforms affect both the outcome of the committal process and the circumstances in which witnesses can be questioned.

Magistrates can no longer discharge an accused under the committal test

At the conclusion of the previous committal process, a Magistrate considered whether the evidence was strong enough to support a conviction.

That decision provided an opportunity for a charge to be discharged before the matter reached a higher court.

Magistrates no longer perform that role. At the end of the committal proceeding, the Magistrate must commit the accused for trial. This applies regardless of the apparent strength or weakness of the evidence.

The removal of the test followed a recommendation by the Victorian Law Reform Commission that the test for committal should be abolished.

This does not mean that the accused has been found guilty. It means the charge will move to the County Court or Supreme Court, where it may proceed to trial or be dealt with in another way.

It also does not prevent the defence from challenging the prosecution case. Evidence can still be disputed, charges can still be negotiated and an accused person still has the right to a fair trial.

What has changed is the stage at which some of those arguments will need to be made.

The current legislative framework governing committal proceedings is contained in the Criminal Procedure Act 2009 (Vic).

Cross-examination at committal is more restricted

An accused person has never had an automatic right to cross-examine witnesses during a committal proceeding. Permission from a Magistrate has always been required.

The threshold has now become more restrictive.

The proposed questions must be directly and substantially relevant to an issue in dispute. There must also be substantial reasons why allowing the cross-examination would be in the interests of justice.

This means the defence will need to identify the purpose of the proposed questioning with greater precision.

A broad request to explore a witness’s evidence is unlikely to be enough. The application will need to explain:

the specific issue in dispute
why the witness’s evidence is relevant to that issue
what topics need to be explored
why the questioning should occur before trial
how it may affect the future conduct of the case

In practice, this requires the defence to understand the evidence and develop a strategy at an early stage.

Galbally Parker has previously discussed how evidence may be tested through the former process in our article on what to expect from a committal hearing. That article should now be read in light of the reforms that commenced on 28 December 2025.

Some witnesses can no longer be cross-examined during committal proceedings

For certain categories of offences, cross-examination is now prohibited entirely at the committal stage.

This applies to:

murder
attempted murder
manslaughter
sexual offences
stalking
family violence matters

If a witness is to be questioned before the trial in one of these cases, that process must occur in the higher court.

The Magistrates’ Court has published further information about the implementation of the committal reforms, including the categories of cases in which a committal hearing cannot be held.

For an accused person, this may mean the case reaches the County Court or Supreme Court before important evidence has been tested through cross-examination.

The opportunity to challenge the witness has not necessarily disappeared, but it may occur later and under a different process.

What do the reforms mean for an accused person?

The new committal process is expected to move serious criminal matters through the Magistrates’ Court more quickly.

There may be fewer opportunities to make requests for disclosure, obtain further time or question witnesses before the case is transferred to a higher court.

For an accused person, this can create considerable pressure.

Serious criminal cases often involve large and complex briefs of evidence. These may include:

witness statements
police interviews
CCTV footage
telephone downloads
text messages and social media records
medical evidence
forensic reports
financial records
expert opinions

Reviewing that material properly takes time. It may also reveal that relevant evidence has not been included in the brief provided by the prosecution.

A faster process does not remove the need for careful analysis. It means the work must begin earlier.

The defence may need to identify missing evidence, obtain expert advice, preserve its own material and define the issues in dispute well before the case reaches the higher court.

What has not changed?

Despite the reforms, several fundamental principles remain in place.

The accused still has the right to a fair trial

An accused person has a fundamental right to a fair trial.

This includes being given adequate disclosure of the prosecution case and a proper opportunity to respond to the allegations.

The reforms do not remove the prosecution’s obligation to disclose relevant evidence.

Where material is missing, incomplete or unclear, the defence may still need to make targeted requests for further disclosure. The difference is that these requests should be identified as early as possible and should explain why the material matters.

Disclosure may include evidence the prosecution does not intend to rely upon, but which may assist the accused in assessing or presenting their defence.

The accused must understand the case against them

A person cannot make an informed decision about whether to contest or resolve a charge without understanding the evidence.

This involves more than reading the charge sheet. The accused and their lawyers need to consider:

what the prosecution says happened
which witnesses support that version
whether the accounts are consistent
what objective evidence exists
whether relevant evidence is missing
which elements of the offence are disputed
whether any legal defence is available

Understanding the case also allows the defence to decide whether negotiations should take place and whether an application to cross-examine a witness is justified.

The timing of a guilty plea remains important

If an accused person is ultimately sentenced, the court may take into account whether they pleaded guilty and the stage at which the plea, or an intention to plead guilty, was indicated.

An early guilty plea will generally attract a greater sentencing discount than one entered later in the proceeding. The Victorian Sentencing Advisory Council explains how the timing of a guilty plea may affect sentencing.

This does not mean that a person should plead guilty before the evidence has been properly considered.

A plea should only be entered after the accused understands:

the charges and their legal elements
the prosecution case
any available defences
whether important evidence remains outstanding
the facts upon which the plea would be entered
the likely sentencing consequences
any professional, employment or other consequences

An early plea may carry a sentencing benefit, but it must still be an informed decision based on proper legal advice.

Why early legal advice matters

The first important decisions in a serious criminal case may occur before charges are even filed.

Police may contact a person and ask them to participate in an interview. What is said during that interview can become an important part of the prosecution case.

A person who has been contacted by police should obtain advice before answering questions. Our criminal defence lawyer’s guide to speaking to police explains why the interview stage requires careful consideration.

Once charges have been filed, early legal representation allows the defence to begin preparing immediately.

This may involve:

reviewing the charges and available evidence
identifying evidence that has not been disclosed
obtaining instructions while events are still fresh
preserving messages, documents or recordings
identifying possible witnesses
considering whether expert evidence is needed
defining the factual and legal issues
preparing a strategy for the committal proceeding
assessing whether an early resolution is appropriate

Where an accused person is remanded in custody, the defence may also need to consider whether a properly prepared bail application should be made.

A defence strategy cannot wait until the trial

Under the former committal system, some aspects of the prosecution case could be tested before the matter moved to a higher court.

The reforms narrow those opportunities.

This means the defence cannot assume that important issues can be addressed later. By the time the case reaches the County Court or Supreme Court, decisions made during the committal process may already have shaped how the matter proceeds.

A clear strategy should address:

what outcome the accused is seeking
which allegations are disputed
what evidence supports the defence
what evidence needs to be obtained
which witnesses may need to be challenged
whether the charges can be negotiated
whether the matter should proceed to trial
the consequences of any proposed guilty plea

The court will not tolerate unnecessary delays. Where an issue could have been identified or addressed earlier, it may be difficult to obtain additional time later in the proceedings.

The importance of getting organised cannot be overstated.

What should a person do if charged with a serious criminal offence?

A person accused of a serious criminal offence should:

Obtain legal advice as soon as possible, preferably before participating in a police interview.
Provide their lawyers with a complete account of the circumstances.
Preserve any messages, recordings, documents or other material that may be relevant.
Work with their lawyers to identify the issues in dispute once the prosecution case is disclosed.
Raise missing or incomplete evidence at an early stage.
Obtain advice about any available defences and the consequences of a guilty plea.
Develop a strategy for dealing with the case before important court deadlines arise.

Galbally Parker’s criminal defence lawyers represent clients in serious and complex criminal proceedings in the Magistrates’ Court, County Court and Supreme Court.

If you have been contacted by police or charged with a serious criminal offence, obtaining advice early gives your legal team the best opportunity to understand the evidence, identify the issues and prepare for the reformed committal process.

Victoria’s Committal Reforms and Serious Criminal Defence