The Magistrates' Court is the first level of courts in Victoria. In 51 locations, it hears most of the cases that come to court. There is no jury; each case is heard and decided by a judge and clerk.
It might be hard to figure out what each court does and how to best prepare for it, but doing so could have a big impact on how your trial turns out in the end. Our experts at Josh Smith Legal will walk you through the whole process and tell you everything you need to know before the trial starts.
The First Step In The Legal Process
The first step is the hearing, which is called a mention hearing. It is the first step in all summary cases.
At this hearing:
- The person who is being charged with a crime is given the charge. They can plead guilty, which means they admit to committing the crime, or not guilty.
- If the person pleads guilty, the judge will decide what the punishment, or sentence, will be.
It's up to the judge to:
- Make a decision that day or put off the decision and sentence the person on another day. This could be called an adjournment.
Second Stage: The Contest Mention and the Contested Hearing
If the person being charged says they are not guilty at the mention hearing, the case will move on to the contest mention. This could happen that day, but it's more likely to be moved to a later date. Understanding how the Victorian court system works can help you better prepare for these stages and ensure you know what to expect throughout the process.
Contest Mention
The prosecuting team, the defending team, and the judge may do the following during the contest mention:
- Agree on whether the person being charged is guilty or not. This will mean that the case does not need to go to a contested hearing.
- Choose to have a contested hearing, decide what will happen at the contested hearing, and choose which witnesses will need to testify.
Contested Hearing
During a contested hearing, both the prosecution and defence lawyers present their cases to the court. A judge will then decide whether the person is guilty or not guilty. It's like a trial, but there's no jury.
If the court needs you as a witness, you will:
- Receive a letter telling you where and when the contested hearing is. This is where you will give your evidence.
- Learn more about getting ready for court and giving evidence.
Sentencing And Victim Impact Statements
If the person being accused pleads guilty or is found guilty at any point in the case:
- They are now the offender, and the judge will decide what punishment they should get.
- You can find out more about punishments and jail time.
A Victim Impact Statement can be filled out by anyone who was affected by the crime.
Now is your chance to explain to the judge how the crime has changed your life. The judge will consider what you said along with other factors when deciding the sentence.
Indictable Crimes
The following are examples of more serious indictable offences:
- Burglaries, sexual assaults, and drug dealing crimes.
- Sexual assault, murder, and manslaughter.
For indictable crimes, the Magistrates' Court is where the first part of the court process takes place. If there is enough proof, the magistrate has to decide if the case should go to the County or Supreme Court to be tried by a judge and a jury.
The Court Process Before A Trial For Indictable Crimes
First Step: The Committal Mention
It is used to make decisions like when the committal hearing will take place and which witnesses must be present. Most of the time, crime victims don't have to testify at a committal mention.
Second Step: The Committal Hearing
The goal of a committal hearing is to decide if there is enough proof to put the person on trial with a judge and a jury. At this hearing, victims and witnesses may have to offer their testimonies. If the court needs you as a witness, they will send you a letter telling you where and when the case is.
The judge may decide at the end of the hearing that:
- Since there is enough proof, the case will go to either the County Court or the Supreme Court.
- The case will be thrown out because there is not enough proof for a trial. The accused will be freed.
Most of the time, it takes at least a few months between the committal hearing in the Magistrates' Court and the start of the trial in the County or Supreme Court. At the end of the committal hearing, if the crime was sexual, the date of the trial is given.
Conclusion
Victoria's Magistrates' Court is an important part of the legal system because it handles a wide range of cases and ensures that suspects have a fair chance to present their defences. From the first hearing to contested hearings and committal proceedings, the court system follows a structured process that carefully examines the evidence and witness statements. The Magistrates' Court upholds the principles of justice and fairness, ensuring that both summary and indictable offences are handled efficiently. This facilitates the filing of lawsuits and the submission of victim impact statements. Employing a structured method like this underscores the importance of thorough legal processes in maintaining community safety and fairness.
