It can be stressful and challenging to go to court. This will change the way you live in the future. It is very important to get the right help and have professionals walk you through the process. It is your right to a fair hearing and to have legal representation.
Before you go to court, you need to make sure you fully understand the charges against you and the court process. One of the best ways to make sure your case goes well is to talk to an experienced criminal lawyer. Josh Smith Legal's licensing lawyers are experts who go to all of Victoria's Criminal Law Courts and can help you understand how criminal justice works in Victoria and give you advice on what to do at your upcoming court dates.
When do you need to go to court?
If you've been charged with a crime, you'll need to go to court. You will be charged if you receive a Notice to Attend, a Charge Sheet, or a Summons. When charged with a criminal offence, you have the option of pleading guilty or not guilty. Your plea will determine how you navigate the Victorian judicial system.
All criminal matters will begin in the Magistrates' Court. The Magistrates' Court hears summary offences (less serious offences) as well as indictable offences (more serious offences) tried summarily. This means that if you are charged with an indictable offence, you may be able to plead guilty and have the case tried in the Magistrates' Court rather than the higher court. This may be preferable, as you may face a harsher penalty if proven guilty in a higher court. This is something you can address with your lawyer.
Mention
The Mention is the first court appearance you will have if you have been charged with a summary offence. If you plead guilty to the allegations against you, the Magistrate will decide your case during this hearing.
If you intend to challenge the charge, you must inform the court that you are pleading not guilty. At this point in the process, you may have a Summary Case Conference with the prosecutors to discuss the charges and your plea.
Contest Mention
If you decide not to plead guilty at the Mention, the Magistrate may order a Contest Mention. The goal of this hearing is to establish if the Magistrate can facilitate any negotiations between the prosecution and the defence.
Summary Hearing
The Summary Hearing is the final hearing if you plead not guilty to a summary offence. Both the prosecution and the defence will submit their arguments and evidence during this hearing. The Magistrate will then decide and, if found guilty, state the penalty.
Appeals
It is vital to remember that the Magistrates' Court grants an automatic right of appeal. This means that if you want your case heard again by a higher and more specialised court, such as the County Court, you have the automatic right to do so.
Children's Court
The Children's Court will handle any matter involving an accused person under the age of 18.
Filing Hearing
If you have been charged with a more serious indictable offence that will be heard in the County or Supreme Court, your case will first be scheduled for a Filing Hearing. Understanding how the Victorian court system works is essential at this stage to ensure you are aware of the procedures and your rights. The Magistrate will establish a timetable for the exchange of information and evidence between the prosecution and the defence. Bail applications will also be considered at this time, if necessary.
Committal Mention
The next step is the Committal Mention. This is the preliminary hearing before the Committal Hearing. Matters contested by the parties will be considered, and witnesses may be cross-examined with the approval of the Magistrate. The Magistrate will then establish the date of the Committal Hearing. If you choose to plead guilty at this stage, the Magistrate may hear and rule on the allegations against you.
Committal Hearing
All criminal matters scheduled for trial in the Supreme and County Courts will begin with a Committal Hearing. The Magistrate can evaluate whether the prosecution has produced enough evidence to have a reasonable possibility of a guilty verdict at trial. If the Court deems that there is sufficient evidence, the case will be scheduled for trial. If the Court determines that there is insufficient evidence, the case will be dismissed, and you will be released without being convicted. This is the final hearing in the Magistrates' Court before the case is heard in the County or Supreme Courts.
County Court of Victoria
The County Court handles more serious cases than the Magistrates' Court but less so than the Supreme Court. Examples include dangerous driving and burglary charges.
Matters are scheduled for trial in the County Court following a Committal Hearing in the Magistrates' Court. A judge and a jury hear the trial. The prosecution presents all of the evidence, and the jury decides whether you are guilty or innocent based on the balance of probabilities. If the jury finds you guilty, the Judge will determine the appropriate punishment.
The Judge's responsibility is to guide the jury through the case and help them examine the evidence. Before the jury makes its decision, the Judge normally summarises the facts and relevant law.
The Court of Appeal hears appeals from the County Court.
Supreme Court of Victoria
The Supreme Court is Victoria's highest court and hence hears the most serious criminal cases, such as murder and treason.
Matters will be listed in the Supreme Court following a Committal Hearing in the Magistrates' Court, just as they are in the County Court. A judge and a jury will hear the trial. After hearing all of the evidence given, the jury will determine whether or not the defendant is guilty. If you are found guilty, the Judge will decide the punishment.
The Appeals Division of the Supreme Court hears Supreme Court appeals.
Court of Appeal
The Court of Appeal is a part of the Supreme Court that hears appeals from the Supreme Court's trial division and the County Court. Three judges normally hear the appeal.
High Court of Australia
The High Court of Australia is Australia's final appellate court. The High Court hears appeals granted special permission by the Supreme Court. A special application must be filed to have an appeal heard before the High Court.
Conclusion
Victoria's criminal justice system can be hard to navigate, but it's important to understand how it works. To begin the criminal process, you will go to the Magistrates' Court and choose whether to plead guilty or not guilty. After committal hearings, major indictable crimes may go to higher courts like the County or Supreme Courts. From the Magistrates' Court to the High Court of Australia, each level of court has its duties and processes, as well as ways to appeal. For the best possible result, you must ensure you have experienced legal representation.
