This article is a brief overview of the court system and process in Victoria, which can be confusing and overwhelming. This information should be considered as general information and not legal advice – to get the best out of the court system, it is advisable to have a sharp lawyer at your side. If you don’t have a lawyer already, call us today for an obligation-free confidential discussion about your circumstances.
Being charged and appearing in court
Court is stressful, there is no doubt, since your future, or at least a chunk of money. may be at stake. The Australian justice system has been hard fought-for, and you have the right to a fair trial and to defend yourself. Nobody expects you to be an expert, which is why an experienced criminal lawyer in the type of problem you are up against is highly advisable.
It might cost you money, but getting money is the easy part – you can’t get years of your life back spent in prison. The court process takes some time to get your head around, but we don’t always have a lot of time to get used to it, especially when we have more important things to worry about like am I going to prison?
Court
Criminal offences come with a court hearing – you will be given a Notice to Attend, a Charge Sheet or a Charge Sheet and Summons. Criminal offences come with two options only: guilty or not guilty. Like a miserable version of ‘choose your own adventure’, whichever you plead will change your course through the court system.
The Magistrate’s Court
This is where it all begins. Less serious offences, called summary offences, and indictable offences being tried summarily (least serious of the serious offences that can be tried in the Magistrate’s Court) are tried in the Magistrate’s Court.
What is a Mention?
This is the first court hearing for summary offences – any guilty pleas are determined by the Magistrate.
If you want to contest the charge (‘not guilty’), then the court is notified. A Summary Case Conference may be called with prosecutors and negotiations may be entered into for your case.
The Contest Mention
This is what happens when you plead ‘not guilty’ at the Mention sometimes – a Magistrate can set a Contest Mention, which is to see if negotiations can be entered into between both parties.
The Summary Hearing
This is the final hearing if you plead ‘not guilty’ to a summary offence charge, where both sides of the argument present their points and evidence.
Afterwards, the Magistrate decides if you will be considered guilty or not guilty. If you are found guilty, your punishment (penalty) is determined by the Magistrate.
A Filing Hearing
This is reserved for more serious offences to be heard in the County or Supreme Court, whereby the Magistrate sets a meeting between the prosecution and defence to swap information and evidence, with bail applications possibly lodged at this point.
The Committal Mention
The Committal Mention is the step prior to the Committal Hearing, where disputed matters between the two parties are discussed, and witnesses may be cross-examined with the Magistrate’s permission. A date is also then set for the Committal Hearing. Guilty pleas can be heard at this point too.
Then there’s the Committal Hearing. All criminal matters that go before any County or Supreme Courts are heard at this type of hearing first, where the Magistrate determines if the evidence presented has a good enough chance of a guilty finding at trial. If there is enough evidence, a trial is set down.
If there is not enough evidence, the matter doesn’t continue and you are free to go without conviction. This is the last time the Magistrate’s Court has anything to do with cases like this.
Your right to appeal
There is an automatic right to appeal in the Magistrate’s Court, so if you want a higher court to hear your case, you have the right to request it.
Children’s Court
The Children’s Court is the court specifically for those under 18 years of age.
The County Court
The County Court of Victoria is in between the Magistrate’s Court and the Supreme Court in terms of seriousness of charges.
A Committal Hearing at the Magistrate’s Court lands you in the County Court for a trial with a judge and jury. All evidence is presented, and the jury decides if they believe you to be guilty or not guilty. If you are found guilty, the Judge decides your penalty.
Any appeals from this court are heard in the Court of Appeal.
The Supreme Court of Victoria
This is the highest court in Victoria, for the most serious of charges. Cases are listed in this type of court after a Magistrate’s Court Committal Hearing, with the trial again involving a Judge and jury. Evidence is heard, the jury makes a decision, and you are found guilty or not guilty, and penalties given accordingly.
Any appeals from the Supreme Court go to the Supreme Court Appeals section.
The Court of Appeal
This area is part of the Supreme Court, with these matters heard by several Judges.
The Federal Court of Australia
Federal cases are those made under federal law – white-collar crimes and drug trafficking are usually heard in this type of court.
The High Court of Australia
This is the penultimate court in this country. The High Court is reserved for appeals by special leave from the Supreme Court, with a special application made to have a case heard in this court.
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