In serious cases, there is a committal (i.e. a preliminary examination) in the Magistrates Court. The prosecution is required to provide all witness statements to both the lawyer representing the accused and to the court. The court decides on the basis of the written evidence whether the case should go to trial.

This process may involve several Magistrates Court appearances by the accused. You may attend court if you wish to, but you are not normally required to.

Occasionally, the lawyer for the accused is successful in gaining the court's permission to ask witnesses questions orally in the Magistrates Court. If this is the case, you will be warned in advance by the prosecution.

If the magistrate finds a case to answer, the accused is committed for trial to the District Court or Supreme Court.

A different prosecutor from the Office of the Director of Public Prosecutions is assigned to handle the matter from here on, except in the case of homicide. The prosecutor from the DPP will reassess the evidence and may suggest further investigations be undertaken by police.

The DPP prosecutor is responsible for deciding:
• whether to proceed to trial with the prosecution
• whether to charge the accused with a different offence
• whether to accept a plea to a lesser offence from the accused
• whether to drop the case.

You will be consulted by the DPP before any important decisions are made.

There may be several appearances in the District Court or Supreme Court. Unless the accused pleads guilty, the matter will be given a date for trial-usually several months away.

You will be informed of the trial date.

Last Modified: 11 May, 2007
URL: http://www.voc.sa.gov.au