Updated July 2, 2021
Updated July 2, 2021
The article Mention Hearings at the Magistrates’ Court is written by Doogue + George Defence Lawyers.
Doogue + George are experts in criminal law and have been involved in thousands of criminal matters and defended clients in hundreds of jury trials and thousands of other criminal cases. Our experienced lawyers have unparalleled experience in criminal law.
If you have been charged with a summary criminal offence, you will be summonsed, bailed or remanded to a Mention date at the Magistrates’ Court in Victoria. If you are charged with an indictable offence that can be heard summarily by the Magistrates’ Court your matter will also be listed for Mention, which is the first listing of any criminal matter proceeding through the Magistrates’ Court.
If your criminal matter is listed for a Mention you might be wondering what that means. There is no simple answer to this question as there are many things that can occur during a Mention hearing. They can include:
A good way to think about a Mention Hearing is it is an opportunity for your lawyer to discuss the issues of your case with prosecutors in an attempt to try to resolve your case. If the matter is unable to resolve, the issues can be canvassed with prosecutors and the court. A magistrate will usually ask you or your lawyer, at the start of a hearing, what is happening with your matter. If the court has the time to finalise your matter, and if this is what you want, it can.
Below we answer some commonly asked questions from our clients
If you are prepared to plead guilty, then it is possible to enter a plea of guilty during a Mention Hearing. The plea will follow the regular process where you enter a formal plea of guilty to the charge or charges, the prosecution will read the prosecution summary of offending, any criminal history will be admitted and your lawyer will make plea submissions on your behalf. It is best to discuss with a lawyer whether you should finalise your matter at the Mention stage before you do so. A lawyer will be able to tell you about the pros and cons of finalising your case early and can appear on behalf of you.
It is always best practice to go to court when your case is listed. If you are on bail then you risk having a warrant issued for your arrest if you do not turn up. If you are remanded then the court will organise for you to attend court, usually via a videolink.
If you think you have a legitimate reason for not going to court then it is possible to apply to the court to have your matter adjourned before the hearing date. Your lawyer will be able to do this for you. For example, if you have only just engaged a lawyer and they need more time to prepare your case before it goes to court then they can apply for an administrative adjournment. You’re unlikely to get an adjournment ahead of your court date if you have more personal reasons, such as needing to go to work, for wanting the adjournment. The court expects that you prioritise your court matters and it is rare that an adjournment would be granted for this type of reason.
The court will want to know what is going on with your matter, and they will not know you intend to plead not guilty until you tell them. A mention hearing is an opportunity for you to tell the court what is going on with your matter. If you tell the court that you are pleading not guilty, then it will put your case into a different stream of the court and be listed for a Contest Mention.
A mention hearing is aimed at progressing matters along, and at times means matters can be finalised or booked in for a plea. It is generally where cases that are expected to resolve to a plea of guilty will remain. By contrast, a contest mention is a hearing for matters where the accused person is pleading not guilty. At a contest mention, the court will want to find out details on what is happening with your case including:
If you are contesting your matter, you must attend every contest mention.
There are several ways you can find out what your court hearing is about ahead of time. You can ask either the court or the prosecution to forward you the paperwork that relates to your case. Your lawyer can find out this information for you. It is important to remember that the police must have documentation available at the first mention hearing of your matter. They must provide:
This documentation must be provided by the informant who is the police officer that is in charge of investigating your case.
The court lists Mention hearings in what is called a ‘block’ list. That means it is not just your matter being heard. The magistrates’ court is the busiest court in Victoria- in the 2018-19 period it heard 660,000 cases that related to criminal matters.
You won’t have a specific time where your matter is listed. Instead you will receive a start time where the block list starts and an end time. Your matter could be called on by the magistrate at any time during this period so it is important to keep that in mind where you are planning your day around court.
It is always best to have a lawyer represent you if you have been charged with criminal offences. Our firm of criminal defence lawyers are used to coming into matters at the last minute. It is never too late to engage a lawyer and you should if you have court dates coming up. It is also possible to appear in court yourself and ask for an adjournment to give you more time to engage a lawyer.
Our expert criminal lawyers can help you with your upcoming court matters and give you expert advice on your case.
Date Published: 2 July 2021
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
