A registry committal is an administrative process completed by the registrar or clerk of the court. It can save time and costs because it replaces the need for a Magistrates Court committal hearing.
Use the online form to apply for a registry committal, if the matter is listed in the Brisbane Magistrates Court and the parties agree to the charge(s) being committed for sentence or trial.
When you can use a registry committal
- The offence must be serious: Registry committals apply to indictable offences only and parties must ensure the charges are indictable before applying.
- The parties must agree: The defendant must be legally represented and the parties must agree to the charge(s) being committed to the Supreme Court or District Court for sentencing or trial. The registrar can’t decide whether there’s enough evidence to put the defendant on trial for the indictable charge.
When you can’t use a registry committal
Registry committals don’t apply to minor or summary offences—a less serious offence or charge punishable on conviction by a Magistrates Court—or matters in the Childrens Court.
Additionally, you can’t use a registry committal if the defendant:
- is not legally represented
- is on bail but is in breach of bail conditions relating to the charges
- has been referred to a specialist court or program relating to the charges
- intends to give evidence or call witnesses.
If charges don’t meet these conditions, they can’t be included in the registry committal.
Who can apply online
Only the defence can use this form and only for matters listed in the Brisbane Magistrates Court.
If the matter is listed elsewhere, you can still apply by filing one or both of these at the relevant Magistrates Court:
- Notice of intention to proceed via registry committal or
- Notice of intention to proceed via registry committal on amended/substituted charge or .
At the committal callover, the defendant’s charges should have been adjourned for 28 days to allow time for briefs to be prepared and documents to be filed.
The registry committal may be refused if the prosecution’s full brief of evidence (i.e. all the evidence they will rely on) is not correctly filed in the registry within 14 days and/or you don’t submit this form within 28 days.
If the registry committal is refused, the matter will be heard in court on the date set at the committal callover.
How to apply
To apply for a registry committal, you need:
- the court file number or bench charge sheet number
- details of all relevant charge(s)— on the verdict and judgement record (VJR)—including:
- the offence date, title and location
- the charge number
- the relevant section(s) of the Act that applies
- the prosecutor’s name and email address.
You must also tell us whether the prosecution has given you copies of written witness statements and you want to amend, substitute or withdraw any charges.
Upload any attachments that apply, including:
- Acknowledgement of plea —if the defendant wants to plead guilty and be committed for sentence
- Surety for varied bail —to ensure the person knows about the registry committal if there is a surety on a current bail.
Keep the originals to produce at the court’s request.
What happens next
The prosecutor will automatically receive your application. You and the Brisbane Magistrates Court registry will also get a copy. The registry copy is part of the court file and can’t be returned to you.
The prosecutor will complete their part of the application and email their consent directly to the registry, copying you. (They won’t see the attachments.)
If you don’t receive a copy with the prosecutor’s consent, follow up with them to ensure they meet the filing deadline (i.e. within 28 days of the committal callover).
We’ll let you know if your application has been granted or refused.
- If it is granted, an order will be made committing the charges to the higher court for trial or sentence.
- If it is refused, the matter will be heard in court on the date set at the committal callover.
- If the defendant has other charges (e.g. summary offences) not dealt with by the registry committal, you’ll also have to appear in the Magistrates Court to deal with those charges on the date set at the committal callover.