A contest mention hearing is an important stage in criminal proceedings in the Magistrates’ Court of Victoria when an accused person intends to plead not guilty to one or more charges.
The purpose of a contest mention is to help the Court manage the proceeding and give the parties an opportunity to resolve or narrow some or all of the issues in dispute before the matter proceeds to a contested hearing.
A contest mention is different from a summary case conference. A summary case conference is a discussion between the accused person or their lawyer and the prosecution about the charges, alleged offending and available evidence. Where the relevant requirements apply, a summary case conference must take place before a matter can be listed for a contest mention.
Key Points
A contest mention is a court hearing in the Magistrates’ Court of Victoria.
It generally occurs when an accused person intends to plead not guilty and the matter is proceeding towards a contested hearing.
The purpose is to identify the issues in dispute and consider whether some or all of the matter can be resolved.
The prosecution may withdraw charges, the issues in dispute may be narrowed, or the accused may agree to plead guilty to one or more charges.
If the matter remains contested, the Magistrate may make directions about the future conduct of the case.
The Court may ask about the expected length of the contested hearing and the number of witnesses likely to be called.
An accused person is required to attend a contest mention hearing.
What Is a Contest Mention Hearing?
A contest mention is a procedural hearing in the Magistrates’ Court of Victoria for a criminal matter that is not expected to be resolved by a guilty plea.
Under section 55 of the Criminal Procedure Act 2009, contest mentions have a legislative basis and are intended to assist the Court to manage proceedings effectively and to enable the parties to resolve some or all of the issues in dispute.
A contest mention is not the same as a contested hearing. The full evidence in the case is not ordinarily heard at the contest mention. Instead, the Court considers the issues that remain in dispute and what needs to happen for the matter to be resolved or, if necessary, prepared for a contested hearing.
What Happens Before a Contest Mention?
Before a contest mention, the prosecution and defence should have an opportunity to consider the charges and available evidence.
For summary matters where a preliminary brief has been provided, a summary case conference must be conducted before the matter can be listed for a contest mention. The conference provides an opportunity for the parties to discuss the charges, alleged offending and available evidence, identify areas of disagreement and, where possible, resolve the dispute.
Under section 39 of the Criminal Procedure Act 2009, the prosecution is required to serve the full brief of evidence on the defence at least 14 days before the contest mention.
The defence should consider the prosecution material, whether any evidence is missing, and obtain instructions before the contest mention. This can help identify what is accepted, what is disputed and what issues may need to be determined if the matter proceeds to a contested hearing.
What Happens at a Contest Mention?
The precise conduct of a contest mention will depend on the circumstances of the case.
The Magistrates’ Court's practice direction provides that the Court will ordinarily ask the prosecution to provide a summary of the offence, together with further particulars where appropriate. The accused person or their legal representative will then be asked to identify the issue or issues in dispute.
The Magistrate may consider whether the matter can be resolved or whether the issues can be narrowed.
The issues in dispute will depend on the particular charges and evidence. They may concern matters such as:
whether the alleged conduct occurred;
whether the accused person was responsible for the alleged conduct;
whether particular evidence is accepted or disputed; or
whether an element of the alleged offence is established.
The purpose is to identify what genuinely remains to be determined rather than conduct the full hearing of the evidence.
Can a Matter Resolve at a Contest Mention?
Yes. One of the purposes of a contest mention is to determine whether some or all of the matter can be resolved.
The Magistrates’ Court identifies several possible outcomes, including:
the prosecuting agency withdrawing charges in dispute;
the prosecution and/or accused person narrowing the issues in dispute; or
the accused person agreeing to plead guilty to one or more charges.
Discussions about resolution may take place before or during the contest mention. However, whether a matter can resolve and the appropriate outcome will depend on the particular circumstances, charges, evidence and instructions.
A contest mention does not mean that a matter will necessarily resolve or necessarily proceed to a contested hearing.
What If the Matter Remains Contested?
If the matter cannot be resolved, it will generally proceed towards a contested hearing.
The Magistrate may ask the parties to provide an estimate of the time required for the hearing and the number of witnesses who may be called. The Court may also make directions considered appropriate for the conduct of the future contested hearing.
This makes the contest mention an important case management stage. Identifying the issues in dispute can help the Court determine what evidence needs to be considered and how the contested hearing should be organised.
How Should You Prepare for a Contest Mention?
Preparation will depend on the charges, evidence and circumstances of the individual matter.
Understand the charges
The defence should understand the charges that have been laid and the allegations made by the prosecution.
Different charges involve different legal elements and factual allegations. The issues that need to be determined will depend on the particular case.
Review the prosecution material
The prosecution material should be considered before the contest mention so that the defence can identify the evidence relied upon and any issues that may need to be challenged.
Identify the issues in dispute
The defence should be in a position to identify the issues that remain disputed.
This is particularly important because the purpose of the contest mention includes narrowing the issues that will need to be determined if the matter proceeds to a contested hearing.
Consider witnesses and evidence
Where a matter is likely to proceed to a contested hearing, consideration may need to be given to the witnesses who may be required and the evidence they may give.
The Court may ask the parties about the number of witnesses and estimated hearing length as part of managing the proceeding.
Consider whether the matter can resolve
The parties should also consider whether some or all of the matter can be resolved.
Depending on the circumstances, this may involve discussions about withdrawing charges, narrowing issues or a potential guilty plea to some or all charges.
Do You Have to Attend a Contest Mention?
Yes. Section 55 of the Criminal Procedure Act 2009 requires an accused person to attend a contest mention hearing.
The way a particular hearing is conducted can depend on the Court's directions and the circumstances of the matter. The applicable arrangements should be confirmed with the Court or the accused person's lawyer.
What Happens After a Contest Mention?
There are several possible outcomes.
The matter may resolve because charges are withdrawn, the issues in dispute are narrowed, or the accused person pleads guilty to one or more charges.
Alternatively, the matter may remain contested and proceed to a contested hearing. The Court may make directions about the preparation and conduct of that hearing.
At a contested hearing, the prosecution and defence present their respective cases. Witnesses may give evidence and be cross-examined, and the Magistrate determines the outcome after considering the evidence.
Contest Mention vs Contested Hearing
A contest mention and a contested hearing serve different purposes.
A contest mention is primarily concerned with case management and determining whether some or all of the issues can be resolved or narrowed.
A contested hearing is the hearing at which the disputed allegations are determined. The parties present their cases, witnesses may give evidence and be cross-examined, and the Magistrate determines the outcome.
The contest mention therefore helps prepare the matter for what will be required if it proceeds to a contested hearing.
Why Is Legal Advice Important Before a Contest Mention?
A contest mention can affect how a criminal matter proceeds.
Before the hearing, it may be necessary to understand the charges, consider the prosecution evidence, identify the issues in dispute and determine whether there is a basis for resolving some or all of the matter.
A criminal lawyer can assist with understanding the allegations, reviewing the available material, identifying the issues that may need to be determined and preparing for the procedural requirements of the hearing.
Every criminal matter is different. The appropriate approach will depend on the charges, evidence, instructions and circumstances of the individual case.
Conclusion
A contest mention is an important stage in a contested criminal matter in the Magistrates’ Court of Victoria. It provides an opportunity for the Court and the parties to identify the issues in dispute, consider whether the matter can be resolved or narrowed, and prepare the case for a contested hearing if necessary.
Understanding the charges, reviewing the prosecution material and identifying the issues in dispute can help ensure that the matter is properly prepared for the next stage of the criminal process.
If you have been charged with a criminal offence and your matter has been listed for a contest mention, obtaining legal advice early can help you understand the process and the options available in your particular circumstances.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.