If you’re in Brisbane and facing an indictable charge, understanding the committal process is one of the most important steps you can take. It shapes your options, your strategy, your timeline, and the strength of your defence.
This guide explains it all, in simple terms, without the legal jargon, and shows you how we’ve helped others in the same situation.
What Is an Indictable Offence?
In Queensland, criminal offences are split into two broad categories:
- Summary offences
Less serious offences that stay in the Magistrates Court.
Examples include low level assaults, minor drug possession, driving offences, or public order issues.
- Indictable offences
These are more serious. They may be heard:
- In the District Court, or
- In the Supreme Court, depending on the charge
Indictable offences include:
- Serious assaults
- Sexual offences
- Large scale fraud
- Robbery
- Burglary
- Drug trafficking
- Manslaughter
- Murder
The Committal Process
Indictable offences, by law, must be finalised in the District Court. This means that they must be transferred, or ‘committed’, from the Magistrates Court to the District Court. This is called the ‘committal process’. You have three options as to how the matter is committed to the District Court.
Whichever option you take will depend on whether you wish to plead guilty (i.e. proceed to sentence), or not guilty (i.e. proceed to a jury trial). If you decide to plead not guilty, your options for the committal process will largely be determined by our advice, jointly received with Counsel, after reviewing your brief.
First Option: Registry Committal
The first option is to have the matter committed to the District Court via a registry committal. This option involves no hearing: it is an administrative process which does not require any party to appear in the Magistrates Court for the transfer to take place. One of the advantages to you in this process is the conservation of resources.
Second option: Full Hand Up Committal
The second option is to have the matter committed to the District Court via a ‘full hand up committal’. This option involves a hearing whereby the Magistrate, defence and prosecution are present in court. At the hearing the statements within the prosecution brief are provided to the magistrate and the defence indicates that it does not wish to cross examine any of the prosecution witnesses before transfer to District Court for trial. There is little advantage to this course over the option of the Registry Committal.
Third option: Committal Hearing
The third option is to conduct a preliminary hearing at the Magistrates Court, called a ‘committal hearing’, before any transfer of the matter to the District Court occurs. A committal hearing at the Magistrates Court is held to determine whether there is sufficient evidence for the matter to stand trial. It may also be used by defence to better understand the prosecution case and identify and further the gaps in it. At a committal hearing defence has the opportunity to cross examine witnesses. For defence to cross examine witnesses at a committal hearing, however, consent of the prosecution or an order of the court is required. Defence must therefore make a detailed written application setting out the specific witnesses to be questioned and the proposed topics of questioning. If that application is allowed, the committal hearing can take place.
Next Steps
If you are facing an indictable offence, or have been told your matter is going to a committal, the most important thing you can do is take control early. We’re here to guide you through every stage with discretion, clarity and strategy.
Call (07) 3034 0000 to speak with one of our criminal solicitors, or if you’re not quite ready to speak with a solicitor, get your free online case appraisal: Click Here.
Frequently Asked Questions
What is an indictable offence in Queensland?
An indictable offence is a more serious charge. Most of these matters must go to the District or Supreme Court, but some lower-level indictable offences can stay in the Magistrates Court. Examples include serious assaults, sexual offences, fraud, robbery, and homicide.
What is a committal hearing?
A committal hearing at the Magistrates Court is held to determine whether there is sufficient evidence for the matter to stand trial. It may also be used by defence to better understand the prosecution case and identify and further the gaps in it
Can witnesses still be cross-examined at a committal hearing?
At a committal hearing defence has the opportunity to cross examine witnesses. For defence to cross examine witnesses at a committal hearing, however, consent of the prosecution or an order of the court is required.
Can my charges be withdrawn at the committal stage?
Yes, charges can be withdrawn or reduced during the committal stage. This usually happens when problems in the evidence are found or after discussions with the prosecution. It’s not guaranteed, but it is possible.
Do all indictable offences go through a committal hearing?
Almost all indictable matters go through a committal process. It might be a simple administrative step (called a “registry committal”) or a more detailed review if issues need to be sorted out. In rare cases, the process can be shortened or bypassed.
Written By The Robertson O’Gorman Team
Robertson O’Gorman Solicitors is Brisbane’s pre-eminent criminal defence firm, with a legacy of over 50 years of legal excellence. Their team includes accredited criminal law specialists and former prosecutors who consistently appear across Magistrates, District, Supreme and appellate courts. As a First Tier firm recognised in Doyle’s Guide 2025, they deliver strategic, early-stage legal advice — often before charges are laid — to preserve rights and achieve optimal outcomes for clients. Known for fearless yet compassionate advocacy, the firm combines deep courtroom experience with a commitment to social justice, integrity and tailored client care.
Disclaimer: This article is general information only and cannot be regarded as legal advice as it does not take into account your personal circumstances. For tailored advice, please call us on (07) 3034 0000.