Define: Committal Proceedings

Quick Summary of Committal Proceedings

Committal proceedings are a preliminary stage in criminal cases in many legal systems. During committal proceedings, a magistrate or judge evaluates the evidence presented by the prosecution to determine whether there is sufficient evidence to proceed to trial. This involves examining witness statements, documents, and other evidence to assess whether there is a prima facie case against the accused. If the magistrate or judge finds there is enough evidence, the case is “committed” to trial in a higher court. If not, the charges may be dismissed, or the accused may be released. Committal proceedings serve to ensure that only cases with a reasonable prospect of conviction proceed to trial, thus safeguarding the rights of the accused and conserving judicial resources.

The formal process followed by a magistrates’ court when transferring a case to the Crown Court. An offender may be ‘committed for trial’ (i.e. by jury), or ‘committed for sentence’. The latter occurs when either the magistrates have found the accused guilty or the accused has pleaded guilty, but the magistrates themselves are without authority to impose the appropriate sentence. Generally speaking, the accused is ‘committed for trial’ whenever the offence is (i) ‘indictable’ (i.e. liable to a jury trial) or (ii) ‘triable either way’ (i.e. liable to either to a bench or jury trial) and the accused has chosen a jury trial. After committal, the accused will be either remanded on bail or remanded in custody.

See triable either way, remand in custody, bail, mode of trial, Court system of England.

Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.