Criminal Law- Magistrates' Court Procedure in Victoria, Australia: A Quick Guide to Court Hearings
MAGISTRATES' COURT PROCEDURE IN VICTORIA, AUSTRALIA
It can be a challenge to navigate the court process as they are a number steps involved before your matter become finalised at court. Here is a brief snapshot of the various court proceedings that you may have to attend court for.
FIRST MENTION/MENTION
First time the matter is listed at the Magistrates' Court
Matter may be resolved by pleading guilty
If there is a dispute as to charges or circumstances alleged, the matter will be adjourned for a contest mention or further mention
Most charges, except for serious indictable offenses, are heard in the Magistrates' Court
CONTEST MENTION
Discuss disputed aspects of the case in front of the Magistrate
May result in a plea to only some of the charges or amendments to the facts alleged
If pleading not guilty, inform the court of disputed issues and witnesses to be called
Sentence indication available upon request
CONTESTED HEARING
Prosecution presents evidence to prove their case
Witnesses may be cross-examined
Magistrate determines guilty or not guilty
PLEA/SENTENCE HEARING
Lawyer presents plea in mitigation
Sentence may be adjourned for reports to be provided
Magistrate delivers sentence and makes sentencing remarks
NOTE: The Magistrates' Court of Victoria is the first point of contact for most criminal matters. If you have been charged with a criminal offense, it is recommended that you seek legal advice as soon as possible.
You can also find out the detail of your case by searching your details on EFAS
Magistrate Court Website is also a very helpful tool to understand the processes better. It has extensive information and forms that you need to understand the court processes and procedure.
If you have a hearing which is being conducted online here is the link to find and get the link for your hearing.
