If you have been charged with a criminal offence in Victoria, understanding what happens next can make a significant difference to how you navigate the process. This page explains how Victorian criminal proceedings work – from your first court appearance through to sentencing or appeal – in plain language.
This is a general overview. It does not cover every possible step or outcome. Nothing here is a substitute for advice from your lawyer, who can explain what applies to your specific situation.
The Victorian Court System
Criminal matters in Victoria are heard across five courts, depending on the seriousness of the charge:
- Magistrates’ Court – handles summary offences and the early stages of indictable offences
- Children’s Court – handles matters involving accused persons under 18
- County Court – handles most indictable offences heard before a jury
- Supreme Court – handles the most serious offences including murder, and has unlimited criminal jurisdiction
- Court of Appeal – hears appeals against conviction or sentence from the County and Supreme Courts
- High Court of Australia – the final court of appeal, rarely involved in criminal matters
Most criminal charges begin in the Magistrates’ Court, regardless of how serious they are. Where the matter goes from there depends on whether it is a summary offence (dealt with entirely in the Magistrates’ Court) or an indictable offence (which may be committed to a higher court).
Summary Offences – Magistrates’ Court Process
Summary offences are less serious charges heard and finalised in the Magistrates’ Court under the Criminal Procedure Act 2009 (Vic).
First Mention
Your first court date is called a mention hearing, governed by s 53 of the Criminal Procedure Act 2009 (Vic). This is a short administrative hearing. You do not give evidence at a mention. The purpose is for the court to establish how the matter will proceed and to set a timetable for what happens next.
Possible outcomes at a mention include: a guilty plea being entered and the matter adjourned for plea hearing; a not guilty plea being entered and the matter listed for a contest mention or contested hearing; or the matter being adjourned for further preparation.
Summary Case Conference
In many summary matters, a summary case conference takes place under s 54 of the Criminal Procedure Act 2009 (Vic), either before or at the first mention. This is a discussion between the defence and the prosecution to identify the issues in dispute, exchange information, and explore whether the matter can resolve without a contested hearing.
Contest Mention
Before a contested hearing is listed, the court will usually list a contest mention under s 55 of the Criminal Procedure Act 2009 (Vic). This hearing is designed to narrow the issues in dispute and explore whether the matter can resolve. If agreement is reached, the matter may resolve at this point. If not, it proceeds to a contested hearing.
Contested Hearing
If you plead not guilty and the matter does not resolve, it is listed for a contested hearing (also called a summary hearing). The magistrate hears evidence from the prosecution and defence witnesses and determines whether the charge is proven beyond reasonable doubt. There is no jury in the Magistrates’ Court – the magistrate decides both the facts and the law.
Plea Hearing (Guilty Plea)
If you plead guilty, the matter is listed for a plea hearing. Your lawyer presents a plea in mitigation – an explanation of your circumstances, background, and any relevant factors – and the magistrate decides on the appropriate sentence under the Sentencing Act 1991 (Vic).
Indictable Offences – Committal and Higher Court Process
Indictable offences are more serious charges. They begin in the Magistrates’ Court but are usually committed to the County or Supreme Court for trial or plea. The committal process is governed by Chapter 4 of the Criminal Procedure Act 2009 (Vic).
Filing Hearing
Before the committal mention, many indictable matters are first listed for a filing hearing. This is a short administrative hearing to confirm that the charge has been filed and to set the date for the committal mention.
Committal Mention
The committal mention is governed by s 125 of the Criminal Procedure Act 2009 (Vic). It is a short hearing in the Magistrates’ Court where the court checks the status of the case and determines how the matter will proceed. At this stage your lawyer will receive, or make arrangements to receive, the brief of evidence from the prosecution – the statements, exhibits, and other material the prosecution intends to rely on.
Hand-Up Brief
In most indictable matters, the prosecution serves a hand-up brief – a package of evidence – rather than conducting a contested committal hearing. The magistrate considers whether the evidence in the brief is capable of supporting a conviction. If it is, the accused is committed to stand trial in the County or Supreme Court.
Contested Committal Hearing
In some cases, the accused applies for a contested committal hearing under Part 4.7 of the Criminal Procedure Act 2009 (Vic). This allows the defence to cross-examine prosecution witnesses before the matter goes to a higher court. Contested committals are less common than hand-up briefs. Note that a committal hearing may not be held in certain proceedings, including where the accused is charged with a sexual offence, a family violence offence, or a stalking charge under s 21A(1) of the Crimes Act 1958 (Vic).
Filing of Indictment
Once an accused has been committed to stand trial, the Director of Public Prosecutions files an indictment in the County or Supreme Court under s 159 of the Criminal Procedure Act 2009 (Vic). This is the formal document setting out the charges. The matter then enters the higher court stream.
Directions Hearing
The first hearing in the County or Supreme Court is usually a directions hearing. This is an administrative hearing before a judge (not a jury) to set a timetable for the trial or plea. The judge will make orders about the exchange of material, any pre-trial applications, and the listing of the matter for trial or plea.
Case Conference (County Court)
In the County Court, a case conference may be held before trial. This is a structured discussion between the prosecution and defence, conducted with the involvement of the court, to explore whether the matter can resolve and to narrow the issues for trial.
Guilty Plea Hearing (Higher Courts)
If the accused pleads guilty in the County or Supreme Court, the matter is listed for a plea hearing before a judge. The defence presents material in mitigation and the judge imposes sentence under the Sentencing Act 1991 (Vic).
Jury Trial
If the accused pleads not guilty, the matter proceeds to trial before a judge and jury. The jury determines the facts – that is, whether the accused is guilty or not guilty. The judge directs the jury on the law.
A unanimous verdict is required in all cases. In some circumstances, after the jury has deliberated for a reasonable period, the court may accept a majority verdict under s 46 of the Juries Act 2000 (Vic). However, a unanimous verdict is always required for murder, treason, and offences under ss 71 and 72 of the Drugs, Poisons and Controlled Substances Act 1981 – majority verdicts are not permitted for those charges.
Bail
Bail is the release of an accused person from custody on the condition that they attend court when required. It applies at every stage of proceedings – after arrest, between hearings, during trial, and pending appeal. Bail in Victoria is governed by the Bail Act 1977 (Vic).
The Bail Act applies different tests depending on the seriousness of the charge:
- Unacceptable risk test (s 4E) – applies to most offences. Bail must be refused if the court is satisfied there is an unacceptable risk that the accused would fail to surrender, commit further offences, endanger another person, or interfere with witnesses or evidence.
- Show compelling reason test (s 4C) – applies to Schedule 2 offences. The accused must first show a compelling reason justifying bail before the unacceptable risk test is applied.
- Exceptional circumstances test (s 4A) – applies to Schedule 1 offences (the most serious). The accused must show exceptional circumstances exist before bail can be granted.
For more information see our pages on bail applications, bail variation, and surety.
Sentencing
If found guilty, the court imposes a sentence under the Sentencing Act 1991 (Vic). Section 7 of that Act sets out the full range of sentencing orders available. Common sentencing outcomes include:
- Fines
- Community corrections orders (CCOs)
- Adjourned undertakings (with or without conviction)
- Imprisonment
The appropriate sentence depends on the nature and seriousness of the offence, your personal circumstances, any prior criminal history, and the sentencing purposes set out in the Sentencing Act 1991 (Vic). You should discuss the likely sentencing range with your lawyer before any plea hearing.
Appeals
Appeal Against Conviction or Sentence – Court of Appeal
If you have been convicted or sentenced in the County or Supreme Court, you may apply to the Court of Appeal for leave to appeal. The right to appeal against conviction is set out in s 274 of the Criminal Procedure Act 2009 (Vic); the right to appeal against sentence is set out in s 278.
An application for leave to appeal must be filed within 28 days of the date of sentence, under ss 275 and 279 of the Criminal Procedure Act 2009 (Vic). Applications outside this time limit require an extension under s 313 of the Act.
Grounds for appeal against conviction include that the verdict is unreasonable or unsupported by the evidence, or that there has been a substantial miscarriage of justice. Grounds for appeal against sentence include that the sentence is manifestly excessive or that there was an error in sentencing principle.
Crown Appeal
The prosecution (the Crown) may also appeal against a sentence it considers inadequate. A successful Crown appeal can result in your sentence being increased.
High Court
Appeals to the High Court of Australia require special leave and are reserved for matters involving questions of law of public importance. They are rare in criminal matters.
You should seek legal advice immediately after sentence is imposed if you wish to consider an appeal, as the 28-day time limit is strictly enforced.
Key Terms Explained
Mention – A short administrative court date under s 53 of the Criminal Procedure Act 2009 (Vic). No evidence is heard. The purpose is to manage the progress of the matter.
Filing hearing – The first court date in the committal stream of the Magistrates’ Court for indictable matters, before the committal mention.
Committal – The process in the Magistrates’ Court, governed by Chapter 4 of the Criminal Procedure Act 2009 (Vic), that determines whether there is sufficient evidence to send an indictable matter to a higher court.
Indictment – The formal document filed by the Director of Public Prosecutions in the County or Supreme Court under s 159 of the Criminal Procedure Act 2009 (Vic), setting out the charges against the accused.
Directions hearing – An administrative hearing in a higher court to set the timetable for trial or plea. No evidence is heard.
Plea in mitigation – The submissions made by the defence at a plea hearing explaining the accused’s circumstances and arguing for a lighter sentence.
Summary offence – A less serious offence heard and finalised in the Magistrates’ Court.
Indictable offence – A more serious offence that may be committed to the County or Supreme Court for trial or plea.
Nolle prosequi / discontinuance – A decision by the prosecution to discontinue the charges. The matter ends without a finding of guilt.
Charges withdrawn – The prosecution withdraws the charges, usually at an early stage. The matter ends without a finding of guilt.
Leave to appeal – Permission from the Court of Appeal required before an appeal against conviction or sentence can be heard.
Frequently Asked Questions
What happens at my first court date?
Your first court date is usually a mention hearing under s 53 of the Criminal Procedure Act 2009 (Vic). It is a short administrative hearing. You will not give evidence. Your lawyer will appear and the court will determine how the matter proceeds. You should arrive early, dress neatly, and follow your lawyer’s instructions.
What is the difference between a summary and indictable offence?
A summary offence is a less serious charge dealt with entirely in the Magistrates’ Court. An indictable offence is more serious and may be committed to the County or Supreme Court. Some offences are indictable but can be heard summarily in the Magistrates’ Court by agreement – these are called indictable offences triable summarily.
What is a committal mention?
A committal mention is the first substantive hearing in the Magistrates’ Court for an indictable offence, governed by s 125 of the Criminal Procedure Act 2009 (Vic). The court checks the status of the brief of evidence and sets the timetable for the committal process.
What is a directions hearing?
A directions hearing is an administrative hearing in the County or Supreme Court, before a judge, to set the timetable for the trial or plea. No evidence is heard and no witnesses appear.
What is a case conference?
A case conference is a structured discussion between the prosecution and defence to explore whether the matter can resolve and to narrow the issues for trial. It is part of the County Court process before a trial is listed.
Can I change my plea?
Yes. You can change a plea of not guilty to guilty at any stage before a verdict is delivered. Changing your plea at an early stage is generally treated as a mitigating factor on sentence. Changing a plea of guilty to not guilty requires leave of the court.
What happens if I am found guilty?
The court imposes a sentence under the Sentencing Act 1991 (Vic). The range of sentencing options is set out in s 7 of that Act and includes fines, community corrections orders, adjourned undertakings, and imprisonment. The appropriate sentence depends on the nature of the offence and your personal circumstances.
What if I want to appeal?
If you have been convicted or sentenced in the County or Supreme Court and wish to appeal, you must apply for leave to appeal to the Court of Appeal within 28 days of the date of sentence under ss 275 and 279 of the Criminal Procedure Act 2009 (Vic). Seek legal advice immediately – the time limit is strictly enforced.
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This page provides a general overview of Victorian criminal court processes. It does not constitute legal advice. If you have been charged with a criminal offence, contact Doogue + George for advice specific to your situation.
