As a general rule, all criminal cases begin in the Magistrate’s Court. If a matter is beyond the jurisdiction of that Court, the Magistrate is obliged to commit the accused for trial before the Royal Court. There are two types of committal procedures: old style and new style.
In both cases the Magistrate is not required to enquire into the case and merely has to be satisfied that, on the face of it, there is a case to answer.

Old style committals
In an old style committal the Magistrate hears a small number of prosecution witnesses give evidence on oath sufficient to show that there is a complaint of criminal conduct. The prosecution witnesses may be cross-examined by defence counsel but rarely are, the defence preferring to “keep their powder dry”. These old style committals are relatively rare today but must take place if the defendant has chosen not to be legally represented.

New Style Committals
In 1996 an amendment to the Loi (1864) reglant la procedure criminelle introduced a streamlined form of committal of the more serious cases to the Royal Court that were beyond the sentencing jurisdiction of the Magistrate.

The process is often referred to as a “paper committal” and can be employed only where
(a) the evidence before the Magistrate consists exclusively of written statements tendered pursuant to the provisions of Article 9 of the Criminal Justice (Evidence and Procedure) (Jersey) Law 1998;
(b) the accused is represented by an advocate; and
(c) the advocate for the accused does not submit that the comments of the said written statements fail to establish a prima facie case against the accused.

In the above circumstance the Magistrate may commit the accused to the Royal Court without the need to hear any witnesses or to consider the contents of the written statements.