Sentence Indication in the Magistrates’ Court – What are They and How are They Used? A person accused of a criminal offence heard in the Magistrates’ Court can apply for a ‘sentence indication’ under the Criminal Procedure Act. A sentence...
Pregnancy, Children, and Prisons Pregnant women and mothers of infant children who are being sentenced for criminal offences pose a particularly challenging and emotive set of factual circumstances. There are any number of reasons why women may be sentenced for...
What is a Contest Mention? You may have heard your lawyer refer to your matter ‘proceeding to contest mention hearing’. A ‘summary contest’ is what we call a ‘trial’ in the Magistrates’ Court. The summary contest is heard by a...
What is a Community Corrections Order? A community corrections order (‘CCO’) is a sentencing order that a Judge or Magistrate can impose. It is one step below prison and one step above a fine. It can still be a harsh...
Committal Mention Hearings A committal mention hearing is one of the first hearings you will need to attend if you have been charged with an indictable offence and there is a potential for your case to go to a jury...
Diversion – How Does it Work? Many jobs and volunteer positions require a national police check, meaning a criminal history can have a serious impact on your future prospects. While Victoria now has the Spent Conviction Scheme that will allow...
Mention Hearings at the Magistrates’ Court 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...
How to Prepare and Appear for a Webex Hearing at the Magistrates’ Court Due to the Covid-19 pandemic, the Magistrates’ Court has been conducting court hearings remotely using Webex. With the easing of restrictions, there has been an increase in...
How to Make a Spent Conviction Application In March 2021, the Victorian Parliament passed the Spent Conviction Act 2021 (Vic). This Act will come into operation in 2021, although the exact date is not set at this point. The spent...
How Sentencing Actually Works Versus How the Public Think Judges Get It Wrong Generally, the police or the Director of Public Prosecutions are responsible for determining what criminal charges a person will face based on available evidence. Statistics suggest that...
