What Happens After a Directions Hearing?
A directions hearing is a court appearance used to manage and prepare a criminal case before it proceeds to the next stage.
It is not usually the hearing where witnesses give evidence or where the court decides whether someone is guilty or not guilty. Instead, the purpose of a directions hearing is to organise the case, identify any issues that need to be addressed and make sure both the prosecution and defence are ready for the next step.
During a directions hearing, the court may deal with issues such as outstanding evidence, witness requirements, legal arguments, charge negotiations and future court dates.
Directions hearings can occur before a matter proceeds to a contested hearing, plea hearing, committal hearing or trial.
If you have a directions hearing listed, it is important to understand what will happen and what decisions may need to be made about your case.
Key Points
A directions hearing is a procedural court date used to prepare a criminal case.
It is not usually where witnesses give evidence or guilt is decided.
The court may make orders about evidence, documents, witnesses and future hearings.
Directions hearings can occur in the Magistrates’ Court, County Court and Supreme Court of Victoria.
A criminal defence lawyer can assist by reviewing the case, identifying issues and communicating with the prosecution.
What Is a Directions Hearing?
A directions hearing is a court-managed hearing where a magistrate or judge gives instructions, known as directions, about how a criminal matter should proceed.
The purpose of these directions is to ensure the case is properly prepared and that unnecessary delays are avoided.
The court may consider matters such as:
whether all relevant evidence has been provided;
whether further documents or reports are required;
which witnesses may be needed;
whether there are legal issues to address;
whether the charges can be resolved; and
what the next stage of the proceeding should be.
A directions hearing is about managing the progress of the case, not deciding the final outcome of the charges.
Are Directions Hearings Used in Criminal Cases?
Yes. Directions hearings are used in Victorian criminal proceedings where a matter requires further management by the court.
They may occur in criminal proceedings in:
the County Court of Victoria; and
the Supreme Court of Victoria.
Directions hearings are also used in family violence and personal safety intervention order proceedings in the Magistrates’ Court and County Court of Victoria.
In criminal proceedings in the Children’s Court and the Magistrates’ Court of Victoria, a directions hearing is called a ‘Mention’.
The process of a directions hearing or a mention depends on a number of factors, including:
the seriousness of the charges;
the court hearing the matter;
whether the accused intends to plead guilty or contest the charges;
whether further evidence is required; and
whether there are legal issues that need to be determined.
More serious criminal matters are more likely to involve multiple directions hearings because they often require greater preparation before a plea hearing or trial.
Why Might a Directions Hearing Be Listed?
A directions hearing may be listed for several reasons.
The Case Requires Further Preparation
The matter may not be ready to proceed because:
evidence has not yet been provided;
forensic testing is incomplete;
expert reports are outstanding;
witnesses need to be confirmed; or
the defence requires further time to obtain instructions.
There Are Issues With Evidence or Disclosure
The prosecution has an obligation to provide relevant material to the defence.
A directions hearing may be used to address issues such as:
missing witness statements;
CCTV footage;
body-worn camera footage;
forensic material;
expert reports; or
other evidence relevant to the case.
The court may make orders requiring material to be provided by a particular date.
The Parties Need to Clarify What Is in Dispute
A directions hearing helps identify the real issues in the case.
For example, the dispute may involve:
whether the accused was involved;
whether the alleged conduct occurred;
whether the accused had the required intention;
whether evidence can be relied upon;
whether a defence applies; or
whether the prosecution can prove the charge beyond reasonable doubt.
Identifying these issues helps the court determine how the matter should proceed.
The Matter May Be Resolved Without a Hearing
A directions hearing may also occur while the prosecution and defence are discussing whether the matter can be resolved.
A directions hearing may result in:
amendment of charges;
a plea to appropriate charges;
diversion (where available);
an agreed summary of facts; or
narrowing the issues that need to be determined at a hearing.
What Happens at a Directions Hearing?
While the process varies depending on the court and type of matter, a directions hearing usually involves several steps.
The Matter Is Called On
When the case is called, the prosecution and defence identify themselves to the court.
The court will usually confirm:
the name of the accused;
the charges before the court;
who is appearing;
the current stage of the matter; and
what issues need to be addressed.
An accused person is usually required to be present unless another arrangement has been made.
The Court Receives an Update
The magistrate, judicial registrar or judge will ask the parties for an update about the progress of the case.
This may include:
whether evidence has been provided;
whether forensic or expert material is available;
whether negotiations are occurring;
whether the matter is likely to resolve;
whether witnesses are required; and
whether further time is needed.
The purpose is to identify what steps remain before the matter can progress.
The Court Makes Directions
After hearing from the parties, the court may make orders about what must happen next.
Examples include:
providing outstanding evidence;
filing documents;
confirming witnesses;
completing expert reports;
filing applications;
attending another directions hearing; or
listing the matter for a plea hearing, case conference, preliminary argument or trial.
These directions help ensure the matter moves forward efficiently.
Do I Need to Attend a Directions Hearing?
Whether an accused person must attend depends on the court, the type of matter and any previous orders.
In most cases, attendance is required. However, in some cases, a lawyer may be able to appear on the accused’s behalf.
If you are on bail, it is important to check your bail conditions carefully because failing to attend court when required can have serious consequences.
Before the hearing, you should confirm with your lawyer:
whether you need to attend;
whether the hearing is in person or online;
what issues will be discussed; and
whether any information or documents are required.
Is Evidence Given at a Directions Hearing?
Usually, no.
A directions hearing is not a trial. Witnesses do not usually give evidence and the court does not determine whether the accused is guilty or not guilty.
Instead, the court deals with procedural issues, including:
whether evidence has been provided;
whether witnesses are required;
whether legal issues need to be addressed; and
what steps are required before the next stage.
How Can a Criminal Defence Lawyer Help?
A criminal defence lawyer can play an important role at a directions hearing by ensuring the case is properly prepared and the accused’s position is clearly communicated.
A lawyer may:
review the charges and evidence;
identify weaknesses or legal issues;
request missing material from the prosecution;
advise about possible outcomes;
negotiate with prosecutors;
discuss whether charges may be withdrawn or amended; and
prepare the matter for the next stage.
Early preparation can be important because decisions made during this stage may affect how the matter proceeds.
Can Charges Be Withdrawn at a Directions Hearing?
Yes, in some circumstances.
Although a directions hearing is mainly procedural, charges may be withdrawn if the prosecution decides the matter should not continue.
This may occur where:
there is insufficient evidence;
a key witness is unavailable;
forensic evidence does not support the charge;
charges overlap;
negotiations have resolved the matter; or
continuing the prosecution is not in the public interest.
If all charges are withdrawn, the matter may come to an end. If only some charges are withdrawn, the remaining charges may continue.
Can Bail Issues Be Discussed at a Directions Hearing?
Yes.
Bail issues may sometimes be addressed at a directions hearing, including:
changing bail conditions;
varying reporting requirements;
adjusting curfew conditions;
changing residential conditions; or
addressing alleged breaches of bail.
Any request to change bail conditions should be supported by appropriate reasons and information.
What Happens After a Directions Hearing?
The next step depends on the circumstances of the case.
After a directions hearing, the matter may:
proceed to a plea hearing;
proceed to a contested hearing (in intervention order proceedings);
proceed to a case conference or preliminary argument;
proceed to trial;
return for another directions hearing;
have charges amended or withdrawn; or
resolve through negotiation.
The outcome will depend on the seriousness of the charges, the evidence, the accused’s position and whether the matter can be resolved without a hearing.
Practical Examples
Evidence Still Outstanding
A person is charged with assault. The prosecution refers to CCTV footage, but it has not been provided to the defence.
At the directions hearing, the defence may ask the court to order that the footage be provided before the matter progresses.
Charges Resolved Through Negotiation
A person faces several charges arising from the same incident.
The prosecution and defence discuss whether some charges can be withdrawn and whether the matter can resolve on appropriate charges.
The directions hearing may be used to update the court and determine the next step.
Bail Conditions Need to Change
A person on bail receives a new employment opportunity that conflicts with a bail condition.
At the directions hearing, the defence may apply to vary the condition and provide information supporting the request.
What Happens After a Directions Hearing?
The next step depends on the circumstances of the case.
After a directions hearing, the matter may:
proceed to a plea hearing;
proceed to a contested hearing (in intervention order proceedings);
proceed to a case conference or preliminary argument;
proceed to trial;
return for another directions hearing;
have charges amended or withdrawn; or
resolve through negotiation.
The outcome will depend on the seriousness of the charges, the evidence, the accused’s position and whether the matter can be resolved without a hearing.
Speak With a Criminal Defence Lawyer
If you have a directions hearing listed in Victoria, obtaining advice early can help you understand the process and make informed decisions about your case.
Stary Norton Halphen & Galbally’s criminal defence lawyers regularly appear in Victorian courts and assist clients at every stage of the criminal process.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.