What Happens at Your First Court Appearance in Victoria?
A first court appearance is the first time a criminal charge is listed before a court in Victoria.
For most adult criminal matters, this first appearance is usually called a mention hearing, or simply a mention. It is generally not the date when witnesses give evidence or when the court determines whether a person is guilty or not guilty.
Instead, the purpose of a first court appearance is to confirm the charges, address immediate issues such as bail, identify whether legal representation is in place, provide disclosure of evidence where available, and determine the next steps in the matter.
The first court appearance can be an important stage of a criminal matter because early decisions may affect how the case proceeds, including whether the accused person enters a plea of guilty or contests the charges.
If you have a first court appearance coming up, obtaining legal advice early can help you understand the process, your options and the next steps in your matter.
Key Points
A first court appearance in Victoria is usually called a mention hearing or mention.
It is generally a procedural hearing, not a trial.
The court may deal with bail, disclosure of evidence, diversion, pleas and future court dates.
Many matters are adjourned so the accused person can obtain legal advice and review the evidence.
A criminal defence lawyer can assist with preparation, representation and negotiations with the prosecution.
What Is a First Court Appearance?
A first court appearance is usually the first time a criminal charge is listed before the court.
For most adult criminal matters, this is referred to as a mention hearing. The purpose is generally to manage the progress of the matter rather than determine whether the accused person is guilty or not guilty.
At this stage, the court will usually consider:
the accused person’s identity
the charges before the court
whether the accused person has legal representation
whether the accused person is on bail, summons or remand
whether evidence has been provided
whether more time is required; and
what the next step in the case should be.
In most cases, prosecution witnesses are not required to give evidence at the first appearance.
An accused person has the right to silence throughout the criminal process and is not required to provide evidence against themselves.
The role of the court at this stage is to manage the progress of the case and ensure procedural fairness between the prosecution and defence.
Which Court Will Hear the First Appearance?
The court that hears a first appearance depends on the type of charge and the age of the accused person.
First appearances may occur in:
Magistrates’ Court of Victoria
Children’s Court of Victoria
County Court of Victoria
Supreme Court of Victoria
Most adult criminal matters begin in the Magistrates’ Court.
Serious indictable offences may proceed to the County Court or Supreme Court where the potential penalties are higher than those available in the Magistrates’ Court.
How Does a Criminal Case Start?
A person may be required to attend court after receiving documents such as a charge sheet, summons, notice to appear, bail undertaking or remand order.
These documents usually set out the charges, court location, date of the appearance, whether attendance is required and any bail conditions.
It is important to carefully check these details. Failing to attend court when required may result in further action, including an arrest warrant being issued.
What Happens Before Your First Court Appearance?
On the day of your first court appearance, it is important to arrive early, allow time to enter the courthouse, locate the courtroom and speak with your lawyer if you have legal representation.
Before the matter is called, a lawyer may:
review the charges
discuss the matter with you
speak with the prosecution
check whether evidence has been provided
discuss bail issues; and
consider the appropriate next steps.
If a person attends court without a lawyer, the court may allow time for them to obtain legal advice before progressing the matter.
If you are required to attend court and do not attend, the court may take further action, including issuing a warrant.
What Happens When Your Matter Is Called?
When the case is called, the accused person or their lawyer will appear before the magistrate or judicial officer.
The court will usually confirm the basic details of the matter and consider what needs to happen next.
The prosecution may advise the court about:
the charges before the court
the accused person’s bail status
whether evidence has been provided
any outstanding issues; and
the proposed next step in the matter.
The defence may advise the court about:
whether the accused person is represented
whether further time is required
whether evidence is outstanding
whether the charges may resolve
whether bail conditions need to be changed; and
what further date is required.
The first court appearance is generally focused on managing the progress of the matter rather than determining whether the accused person is guilty or not guilty.
Do You Have to Plead Guilty or Not Guilty at Your First Court Appearance?
Not always.
Many matters are adjourned after the first court appearance so the accused person can:
obtain legal advice
review the evidence
understand the charges
consider their options; and
decide how they wish to proceed.
In some straightforward matters, a person may choose to plead guilty at the first appearance if:
they accept the charges
the facts are accurate
they understand the consequences; and
appropriate legal advice has been obtained.
A plea of guilty should only be entered after the charges, evidence and potential consequences have been carefully considered.
What Happens If You Want to Contest the Charges?
If an accused person intends to plead not guilty, the matter will usually be adjourned so the parties can prepare.
The next steps may include:
obtaining the prosecution brief
reviewing the evidence
identifying disputed issues
negotiating with the prosecution
attending a contest mention
attending a directions hearing; and
preparing for a contested hearing or trial.
A contest mention is therefore one of the possible later stages of a criminal matter where the charges are contested.
At a contested hearing or trial, the prosecution must prove the charge beyond reasonable doubt.
If the prosecution evidence is not capable of proving each element of the offence to that standard, the accused person may be acquitted.
Can Bail Be Dealt With at the First Court Appearance?
Yes.
Bail is often addressed at the first court appearance, particularly where a person has been charged and released on bail by police.
The court may consider:
whether bail should continue
whether bail conditions should be changed
whether reporting requirements are appropriate
whether a curfew is required
whether travel restrictions should apply; and
whether any concerns about compliance need to be addressed.
Bail conditions should be taken seriously. Breaching bail can result in further charges and may result in bail being revoked.
Can Charges Be Withdrawn at the First Court Appearance?
Yes, although it depends on the circumstances of the matter.
Charges may be withdrawn where, for example:
the evidence does not support the charge
the prosecution reviews the matter and decides not to proceed
charges overlap; or
a more appropriate charge should be filed.
However, withdrawal of charges often occurs after the prosecution has reviewed the evidence and discussions or negotiations have taken place.
For more information about when charges may be withdrawn, see our article on Can Criminal Charges Be Withdrawn in Victoria?
Can Diversion Be Considered at the First Court Appearance?
Yes, in appropriate cases.
The diversion program provides an opportunity for an accused person to avoid a criminal conviction by completing certain conditions.
Conditions may include:
an apology
compensation
counselling
treatment programs
education courses
community work; or
other steps addressing the offending behaviour.
Diversion is generally considered for less serious offending where the accused person has limited or no prior criminal history.
To apply for diversion, the prosecution must consent and file a diversion notice indicating that Victoria Police are supportive of the application.
What Are the Possible Outcomes of a First Court Appearance?
A first court appearance may result in a number of outcomes depending on the circumstances of the matter.
The Matter Is Adjourned
This is one of the most common outcomes.
The court may adjourn the matter so:
evidence can be provided
legal advice can be obtained
negotiations can occur
diversion can be considered; or
a future court date can be arranged.
The Matter Proceeds to a Plea
If the accused person pleads guilty and the matter is ready to proceed, the court may move to sentencing.
The Matter Is Listed for Further Preparation
The court may list the matter for:
a further mention
a contest mention
a directions hearing; or
a contested hearing.
Charges Are Withdrawn or Amended
The prosecution may withdraw, amend or replace charges where appropriate.
Bail Is Continued or Changed
The court may continue, vary or otherwise deal with bail conditions.
How Can a Criminal Defence Lawyer Help at Your First Court Appearance?
A criminal defence lawyer can assist before and during a first court appearance by:
explaining the charges and possible consequences
reviewing the prosecution case
advising on plea options
addressing bail issues
negotiating with the prosecution
seeking further time where required; and
identifying whether diversion may be available.
Early legal advice can be particularly important where the matter involves bail, family violence allegations, serious charges, driving offences or possible imprisonment.
A lawyer can also help ensure that the accused person understands the process and that their position is properly represented before the court.
You do not necessarily have to have a lawyer at your first court appearance, but obtaining legal advice can help you understand your options and ensure your position is properly represented.
Practical Examples
First Appearance for Theft
A person charged with shop theft attends their first court appearance. Their lawyer requests the prosecution material and discusses whether diversion may be appropriate.
The matter is adjourned while diversion is considered. If diversion is granted, a condition may be that the person pays restitution (compensation) to the victim.
First Appearance With Bail Issues
A person charged with assault has a bail condition preventing them from attending a particular location. Their lawyer applies to vary the condition because it affects their employment.
This demonstrates how bail conditions can be addressed at an early stage of a criminal proceeding where circumstances require consideration by the court.
First Appearance for a Contested Charge
A person charged with assault denies the allegation. The court adjourns the matter so the prosecution brief can be provided and the defence can review the evidence.
The matter can then proceed through the appropriate preparation stages, which may include a contest mention, directions hearing or preparation for a contested hearing or trial.
Speak With a Criminal Defence Lawyer
If you have a first court appearance coming up in Victoria, obtaining advice early can help you understand the process and prepare for the next stage of your matter.
Stary Norton Halphen & Galbally’s criminal defence lawyers regularly appear in Victorian courts and assist clients with criminal charges, bail applications and court proceedings.
Whether you are attending your first mention hearing, considering a plea, seeking bail, considering diversion or preparing to contest a charge, obtaining advice early can help you understand your options and the next steps in your matter.
Reviewed by:Abbey Johnson
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.