Victoria’s committal process has been significantly reformed as of December 2025, with full implementation of the new process coming earlier this year. These reforms have ultimately changed the priorities of the Magistrates’ Court (MCV) during commitals, shifting what they are as a filter of evidence to a more administrative position.
The reforms, implemented under the Justice Legislation Amendment (Committals) Act 2025 (Vic), have sought to address court backlogs, abolishing the traditional “test for committal”, replaced with a more streamlined model in the MCV.
Removal of the Test for Committal
One of the most notable amendments to criminal procedure by the new legislation would be the abolition of the committal test. Magistrates are no longer required to determine whether there is evidence of sufficient weight to support a conviction. Now, they should commit the accused for trial at the end of committal mention hearings, where no cross examination takes place, or at the end of committal hearings, if cross examination does take place.
Case Management
The removal of the test for committal seeks to go hand in hand with the intention to streamline the entire process, addressing the large backlog of cases suffocating the justice system. These amendments include making committal case conferences the new norm, hoping to facilitate the resolution of identified issues in cases. With the sufficiency test gone, the implementation of this more structured approach would help in resolving issues much earlier on.
Tightening Cross Examination, Witness Protection
Also seeking to streamline the process, a stricter requirement is now in place for the defence to show that cross examination is “directly and substantially relevant” to an identified issue. There is also the following requirement that there would be “substantial reasons” in the interests of justice for the cross examination to take place.
Further, the prohibition that prevented the cross examination of complainants in sexual offence cases has also been broadened to proceedings involving family violence offences and stalking.
Early Committal for Trial in the Supreme Court
Where an accused is charged with an “applicable offence”, an indictable offence outside the jurisdiction of the County Court, and a hand up brief has been filed, the MCV must now commit the accused directly for trial in the Supreme Court at the committal mention hearing. As previously mentioned, no cross examination will take place here. Importantly however, the Children’s Court cannot commit an accused child to the Supreme Court without the accused’s consent. Regardless, pre-trial cross examination still may be ordered in such circumstances if it can be shown that it is directly relevant and substantial.
Other Amendments
Other previous amendments to criminal procedure include the reduction of the need to transport accused to court, making audiovisual link (AVL) appearances also the new norm in committal proceedings.
These reforms arise from a number of recommendations made by the Victorian Law Reform Commission, producing a Committals report in 2020.
- The test for committal has now been removed, allowing Magistrates to directly commit the accused for trial at the end of hearings.
- Cross examination in the Magistrates’ Court requires the accused to now satisfy that it is “directly and substantially relevant”, carrying “substantial reasons” in the interests of justice.
- For more serious, applicable offences, an accused may now be directly committed to the Supreme Court of Victoria.
- The Children’s Court cannot commit an accused child to the Supreme Court without the accused’s consent.
- Accused persons would now appear via AVL in committal proceedings.
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Disclaimer
This information is general and should not replace professional legal advice. If you are facing an offence, contact Jay and Co for advice tailored to your situation.
