A registry committal is an administrative process that moves serious (indictable) charges from the Magistrates Court to a higher court, like the Supreme or District Court.
If both parties agree, this process replaces the need for a committal hearing in the Magistrates Court, saving time and money.
The application is typically made by the defendant’s lawyer, but only if the defence and prosecution have agreed to send the charges to a higher court.
Applications can be completed online using the Online Services Portal (OSP), and can be lodged via email, or lodged over the registry counter at Magistrates Courts.
When you can apply
You can apply for a registry committal if:
- the offence is a serious (indictable) offence and must be dealt with in the Supreme or District Court
- the defendant has a lawyer
- the prosecution and defence have agreed to send the charges to a higher court for trial or sentencing
- the charges meet the legal requirements for committal (the registrar can't decide if there’s enough evidence).
When you can’t apply
You cannot apply for a registry committal if:
- the offence is minor or summary (e.g. punishable in a Magistrates Court)
- the matter is being heard in the Children's Court
- the defendant:
- doesn’t have a lawyer
- has breached bail conditions
- has been referred to a specialist court or program for the charges
- plans to give evidence or call witnesses.
If any of these apply, the charges can’t be included in the registry committal.
Committal deadlines
A committal callover is a court event where the charges are reviewed, and deadlines are set for the committal process.
The charges are usually adjourned for 28 days to give the prosecution time to prepare and file their evidence.
Key deadlines include:
14-day filing deadline
The prosecution must file their full brief of evidence (i.e. all the evidence they will rely on) in the registry within 14 days of the committal callover.
28-day application deadline
The defence must submit the registry committal application within 28 days of the committal callover.
If deadlines are not met
If these deadlines are missed, the registry committal may be refused.
The case will then proceed to a Magistrates Court hearing on the date set at the committal callover.
