Supreme Court

The Supreme Court of Victoria is the highest court in Victoria. It hears the most serious criminal matters in the state at first instance, including murder, manslaughter, and treason, and has unlimited criminal jurisdiction. When an accused pleads not guilty, the matter is heard before a judge and jury. When an accused pleads guilty, they are sentenced by a judge of the Criminal Division.

Supreme Court Daily Listings

Address: 210 William Street, Melbourne VIC 3000

Which Matters Are Heard in the Supreme Court?

Matters reach the Supreme Court of Victoria’s Criminal Division in two main ways:

1. Committal from the Magistrates’ Court or Children’s Court

Most criminal matters , regardless of their seriousness , begin in the Magistrates’ Court. More serious indictable matters go through the committal process, after which the accused is committed to stand trial in either the County Court or the Supreme Court. Cases involving the most serious offences , including murder, manslaughter, and treason , must be heard in the Supreme Court.

Under Part 4.6A of the Criminal Procedure Act 2009 (Vic), certain offences that must be heard in the Supreme Court may be committed directly for trial in that court, bypassing some of the standard committal steps.

2. Bail applications

The Supreme Court also hears bail applications in matters where bail has been refused or is not available in a lower court. In matters involving Schedule 1 offences under the Bail Act 1977 (Vic) , the most serious category , the Supreme Court has jurisdiction to determine bail applications.

3. Appeals on points of law

The Supreme Court’s Trial Division hears appeals on questions of law from the Magistrates’ Court and other bodies. These are separate from appeals heard by the Court of Appeal.

4. Other criminal applications

Judges of the Criminal Division also hear a range of other criminal applications under various Acts, including applications under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) , for example, where a question arises as to whether an accused is fit to stand trial , and applications under the Criminal Procedure Act 2009 (Vic) relating to pre-trial matters such as the admission of evidence, suppression orders, and the severance of charges.

The Process in the Supreme Court – Criminal Division

Once a matter has been committed to the Supreme Court, it follows a structured process before it proceeds to trial or plea. The following is a general overview of the key stages. It is not a substitute for legal advice about your specific case.

Case Conference

A case conference is an early procedural step conducted in the lead-up to a directions hearing. Its purpose is to allow the prosecution and defence to discuss the issues in the case, identify what is in dispute, and explore whether the matter can resolve before trial. The defence is required to file answers to a number of questions which will affect the length and conduct of any plea or trial.

Directions Hearing

A directions hearing is an administrative hearing before a judge of the Supreme Court. It is not a hearing at which evidence is called or witnesses give testimony. The purpose of the directions hearing is to provide the court with the information it needs to manage the matter efficiently , including the anticipated length of the trial, the number of witnesses, and any pre-trial applications that need to be determined.

The accused is required to attend the directions hearing, along with their lawyers. Directions hearings are procedural steps designed to set the timetable for the trial or plea and to identify and resolve any procedural issues before the trial commences.

Trial

A trial is the hearing at which the case against the accused is determined by a jury of twelve people. The jury decides the facts , that is, whether the accused is guilty or not guilty , based on the evidence presented during the trial. The judge directs the jury on the law.

At trial, the prosecution calls its witnesses to give evidence and presents any other evidence in its possession. The defence may cross-examine prosecution witnesses and call its own witnesses. The accused has the right to give evidence at trial but is not obliged to do so. A jury’s verdict must be unanimous, subject to the limited circumstances in which a majority verdict may be accepted under the Juries Act 2000 (Vic) , though not for murder, treason, or offences under ss 71 and 72 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

Trials can vary significantly in length , from a few days for straightforward matters to months for complex cases with many witnesses or charges.

Guilty Plea

Where an accused pleads guilty, the matter does not proceed to trial. Instead, a plea hearing is listed before a judge. At a plea hearing, the accused’s lawyer makes submissions on their behalf explaining the circumstances of the offending and the accused’s personal background, and arguing for an appropriate sentence.

Supporting material for a plea hearing typically includes character references from employers and others who know the accused, and any medical or psychological reports that are relevant to the circumstances of the offending or the accused’s prospects of rehabilitation. The accused may give an account of how the offending came about, and other persons may give evidence or have reports provided to the court on their behalf.

The quality and preparation of the material presented at a plea hearing is directly relevant to the outcome. Engaging experienced criminal lawyers as early as possible allows proper preparation of plea material.

Sentencing

Following a plea hearing , or following a guilty verdict at trial , the judge determines the appropriate sentence. In many cases the judge will reserve their decision and adjourn the matter to a later date for sentencing. On that date, the judge delivers their sentencing remarks and imposes the sentence. It is not common for further submissions to be made at the sentencing date itself.

Sentencing in the Supreme Court is governed by the Sentencing Act 1991 (Vic). The range of sentences available includes fines, community corrections orders, and imprisonment.

Frequently Asked Questions