Criminal Court Process in Victoria: Mentions, Pleas, Hearings and Outcomes

After a person is charged with a criminal offence in Victoria, the matter will usually proceed through a series of court events. These may include a mention or filing hearing, disclosure, case conferencing, a contested committal, contested hearing, trial, plea hearing or sentencing hearing.  

The process differs depending on the court, the type of charge, the age of the accused, whether the accused is on bail or in custody, and whether the matter is capable of resolution or must proceed to a contested hearing. 

This article explains the main court stages and the outcomes that may follow. 

Key Points 

• The first court appearance is usually procedural and may deal with bail, legal representation, disclosure and the next steps in the matter.

• Mentions and filing hearings help manage the progress of a criminal case and determine whether it will resolve or proceed to a contested hearing or trial.

• Disclosure and careful review of the prosecution brief are important before deciding whether to plead guilty or contest a charge.

• Criminal matters may resolve through charge negotiations, withdrawal of charges, diversion or an agreed plea.

• A guilty plea generally leads to a plea hearing and sentencing, while a not guilty plea may lead to a contested hearing or trial.

• At a contested hearing or trial, the prosecution must prove the charge beyond reasonable doubt.

• If guilt is established, the court determines the appropriate outcome or sentence. Appeal rights may be available, depending on the court and type of decision.

The First Court Appearance 

The first appearance is the first time the accused person appears before the court after being charged or summonsed. 

In Victoria, the first appearance may occur in: 

1. the Magistrates’ Court, for adult summary and indictable matters. Depending on the seriousness of the charge, and if an accused person is either on summons or bail, the first appearance will either be called a Mention (in summary proceedings) or a Filing hearing (in serious indictable proceedings).  However, if an accused person is refused bail by Victoria Police, they will be brought to court for an initial Remand Hearing where a lawyer may run an application for bail on your behalf. The matter will then be listed for either a Mention or Filing hearing per above. 

2. the Children’s Court, where the accused is a child or young person within that court’s jurisdiction. The first appearance in the Children’s court is also called a mention. 

3. The first appearance is usually procedural. It is not normally the final hearing unless the matter is simple, the prosecution material is available, and the accused is ready to plead guilty. 

At the first appearance, the court may consider: 

1. whether the accused is present; 

2. whether the accused has legal representation; 

3. whether bail is granted, varied or continued; 

4. whether the accused is in custody or on summons; 

5. whether the prosecution has provided the charge sheet and summary; 

6. whether a brief of evidence is required; 

7. whether the matter may resolve by plea; 

8. whether the accused intends to contest the charge; 

9. whether the matter should be adjourned for further preparation; 

10. whether special arrangements are needed, such as an interpreter or support person. 

Attendance at Court

An accused person will usually be required to attend court unless excused by the court or represented in circumstances where appearance is not required. 

Failure to attend may result in: 

1. a warrant being issued; 

2. forfeiture of bail; 

3. additional charges; 

4. the matter proceeding in the accused’s absence in some circumstances; 

5. stricter bail conditions if the person is later brought before the court. 

Where the accused is a child, a parent, guardian or responsible adult will often attend. In the Children’s Court, the court may want to understand the child’s family situation, education, accommodation and support arrangements. 

Bail

If the accused has been released by police on bail, the court may continue bail on the same conditions, vary the conditions, or revoke bail in serious cases. 

If the accused is in custody, a remand hearing will be listed prior to the matter being listed for Mention or Filing hearing. At the remand hearing, the court will consider whether the accused should be released into the community while the matter proceeds. 

Bail conditions may include: 

1. living at a particular address; 

2. reporting to police; 

3. not contacting the complainant or witnesses; 

4. not attending particular places; 

5. complying with a curfew; 

6. not associating with co-accused persons; 

7. surrendering a passport; 

8. attending treatment or support services; 

9. complying with intervention order conditions; 

10. attending future court dates. 

For children, the court may consider age, vulnerability, family support, school attendance, accommodation, Youth Justice involvement and whether bail support can reduce risk. 

What Is a Mention? 

A mention is a procedural court date used to manage the progress of a case. Mentions are common in the Magistrates’ Court and Children’s Court. 

A mention may be used to: 

1. confirm whether the accused has obtained legal representation; 

2. check whether the prosecution has served the brief of evidence; 

3. identify whether further disclosure is required; 

4. confirm whether the matter will resolve by plea; 

5. set a timetable for negotiations; 

6. list the matter for contest mention, contested hearing or plea; 

7. deal with bail variation; 

8. manage related proceedings, such as intervention orders; 

9. identify whether interpreters, witnesses or experts are needed; 

10. monitor compliance with court directions. 

A mention is not usually a hearing where witnesses give evidence. It is generally about preparation, disclosure, resolution and case management. 

Multiple Mentions 

Some matters require more than one mention. This may occur where: 

1. the brief of evidence has not yet been served; 

2. further evidence is outstanding; 

3. CCTV, body-worn camera footage or digital evidence is still being obtained; 

4. legal advice is needed before a plea decision can be made; 

5. charge negotiations are occurring; 

6. diversion is being considered; 

7. a psychological, medical or Youth Justice report is required; 

8. the accused is completing treatment, counselling or other rehabilitative steps; 

9. bail or intervention order issues need to be resolved; 

10. the matter is complex or involves multiple accused persons. 

The court will generally expect progress between mention dates. Repeated adjournments without clear reason may be resisted. 

Disclosure and the Brief of Evidence 

Before an accused person decides whether to plead guilty or contest the charge, the prosecution evidence should be reviewed. 

The brief of evidence may include: 

1. charge sheets; 

2. prosecution summary; 

3. witness statements; 

4. complainant statements; 

5. police statements; 

6. CCTV footage; 

7. body-worn camera footage; 

8. photographs; 

9. medical evidence; 

10. forensic reports; 

11. phone downloads; 

12. social media evidence; 

13. financial records; 

14. expert reports; 

15. interview recordings or transcripts. 

Disclosure of the evidence is important because the prosecution must prove the charge beyond reasonable doubt. If there are gaps in the evidence, or there is evidence that should be available or helpful to defence that has not been disclosed, a lawyer can assist in obtaining that evidence. The accused should understand the evidence, the legal elements of the offence and any available defences before entering a plea of guilty. 

Charge Negotiation Before Plea or Hearing 

Many criminal matters resolve after negotiations between the defence and prosecution. 

Charge negotiation may involve: 

1. withdrawal of unsupported charges; 

2. amendment of charges; 

3. substitution of a lesser charge; 

4. agreement that some charges proceed and others are withdrawn; 

5. correction of the prosecution summary; 

6. removal of disputed or inflammatory allegations; 

7. agreement about compensation or restitution; 

8. consideration of diversion; 

9. agreement about whether the matter is suitable to be heard summarily. 

The agreed facts are important. If a person pleads guilty, the court will sentence on the basis of the facts admitted or proved. A factual summary should be accurate, balanced and confined to what can properly be established. 

Diversion as an Alternative Outcome 

Diversion may be available in suitable cases. Diversion allows the accused to complete conditions and avoid a formal finding of guilt if the diversion is completed successfully. 

Diversion conditions may include: 

1. writing an apology; 

2. paying compensation; 

3. attending counselling; 

4. completing an education program; 

5. making a donation; 

6. undertaking treatment; 

7. avoiding further offending; 

8. engaging with support services; 

9. participating in restorative processes where appropriate. 

For children, youth diversion can be particularly significant because it may avoid a finding of guilt and reduce unnecessary criminal justice involvement. A diversion plan may focus on education, family support, counselling, online safety, drug and alcohol treatment, or repairing harm. 

Entering a Plea 

At a specific point in the proceedings, the accused will be asked whether they plead guilty or not guilty. 

A plea of guilty means the accused accepts legal responsibility for the offence. 

A plea of not guilty means the accused does not admit the charge and requires the prosecution to prove the allegation. 

Before entering a plea, key matters should be considered, including: 

1. whether the charge is legally made out; 

2. whether the accused accepts the essential facts; 

3. whether the prosecution can prove each element; 

4. whether a defence is available; 

5. whether any evidence is inadmissible or unreliable; 

6. whether the charge should be amended or withdrawn; 

7. whether diversion is available; 

8. the likely sentencing range; 

9. the consequences of a finding of guilt; 

10. whether the accused understands the plea and its consequences. 

A plea should not be entered simply to “get the matter over with” if the accused does not accept the charge or the essential facts. 

Plea Hearing 

If the accused pleads guilty, the matter proceeds to a plea hearing. The court then determines the appropriate sentence or outcome. 

A plea hearing commonly involves: 

1. the charge being read or identified; 

2. confirmation of the plea; 

3. the prosecution reading the facts; 

4. tendering of prior criminal history, if any; 

5. tendering of victim impact material, where applicable; 

6. defence submissions about the offence, the accused and matters in mitigation; 

7. tendering of character references or reports; 

8. submissions on the appropriate sentence; 

9. the court imposing sentence.  

The court may sentence immediately or adjourn the matter for further material, such as a pre-sentence report, Youth Justice report, psychological report, assessment for a community-based order, or evidence of rehabilitation. The court will then sentence upon receipt of those reports. 

Plea Material 

Useful plea material may include: 

1. character references; 

2. employment records; 

3. school or training records; 

4. medical reports; 

5. psychological or psychiatric reports; 

6. counselling attendance records; 

7. drug and alcohol treatment material; 

8. apology letters; 

9. proof of compensation or restitution; 

10. evidence of community involvement; 

11. evidence of family responsibilities; 

12. rehabilitation plans; 

13. Youth Justice reports for children; 

14. cultural support letters, where relevant. 

The material should be relevant, accurate and directed to the sentencing issues in dispute. 

Contest Mention 

Where an accused pleads not guilty in the Magistrates’ Court or Children’s Court, the matter may be listed for a contest mention before a contested hearing. 

A contest mention is designed to identify: 

1. the issues in dispute; 

2. which witnesses are required; 

3. whether any witnesses can be excused; 

4. the estimated length of the contested hearing; 

5. whether interpreters are needed; 

6. whether CCTV or other exhibits are ready; 

7. whether legal objections will be raised; 

8. whether the matter can still resolve; 

9. whether the prosecution is ready to proceed; 

10. whether any further disclosure is required. 

The court may make directions for the conduct of the contested hearing. A contest mention can be an important opportunity to narrow issues and avoid unnecessary witness attendance. A Magistrate may determine  

Contested Hearing in the Magistrates’ Court or Children’s Court 

A contested hearing is the hearing of a not guilty matter before a magistrate. The prosecution must prove the charge beyond reasonable doubt. 

The process commonly includes: 

1. prosecution opening; 

2. prosecution witnesses giving evidence; 

3. cross-examination of prosecution witnesses; 

4. tendering of exhibits, such as photographs, CCTV or messages; 

5. legal arguments about admissibility, if required; 

6. decision whether there is a case to answer; 

7. defence evidence, if any; 

8. submissions from prosecution and defence; 

9. magistrate’s decision. 

The accused does not have to prove innocence. The burden remains on the prosecution. 

If the charge is not proved, it is dismissed. If the charge is proved, the matter proceeds to sentence. 

Indictable Matters and Higher Court Pathways 

More serious charges also commence in the Children’s or Magistrates’ Court, however, may proceed through an indictable pathway to the County Court or Supreme Court. 

The stages may include: 

1. filing hearing; 

2. service of a hand-up brief; 

3. committal mention; 

4. contested committal hearing, if required; 

5. transfer to the County Court or Supreme Court; 

6. directions hearings; 

7. plea hearing or trial. 

In a higher court trial, a jury usually decides whether the accused is guilty or not guilty. The judge manages legal issues and imposes sentence if the accused is found guilty. 

Trial in the County Court or Supreme Court 

A trial is a formal hearing of a not guilty plea in a higher court. In most cases, this will involve a jury. 

A trial commonly involves: 

1. arraignment and plea; 

2. jury selection, where applicable; 

3. prosecution opening; 

4. prosecution witnesses; 

5. cross-examination; 

6. legal arguments; 

7. defence case, if any; 

8. closing addresses; 

9. judge’s directions to the jury; 

10. jury deliberation; 

11. verdict. 

If the accused is found not guilty, they are acquitted. If found guilty, the matter proceeds to a plea hearing and sentence. 

Possible Outcomes if the Charge Is Not Proved 

If the jury finds an accused person not guilty, or if at any stage in the proceedings the prosecution decides to discontinue the proceedings or withdraw relevant charges, , the court may: 

1. dismiss the charge; 

2. find the accused not guilty; 

3. discharge the accused from that charge; 

4. revoke bail conditions connected to that charge; 

5. deal with any remaining charges separately. 

An acquittal or dismissal means the accused is not sentenced for that charge. 

Possible Outcomes After a Plea or Finding of Guilt 

If the accused pleads guilty or is found guilty, the court must decide the appropriate outcome. 

Possible outcomes in adult matters may include: 

1. dismissal or discharge; 

2. adjourned undertaking; 

3. fine; 

4. compensation or restitution; 

5. community correction order; 

6. treatment or program conditions; 

7. licence loss or disqualification, where relevant; 

8. imprisonment in serious cases. 

Possible outcomes in Children’s Court matters may include: 

1. dismissal or discharge; 

2. accountable undertaking; 

3. good behaviour bond; 

4. fine; 

5. probation or supervised order; 

6. Youth Supervision Order; 

7. Youth Attendance Order; 

8. Youth Control Order; 

9. group conferencing; 

10. compensation or restitution; 

11. detention in a youth justice facility in serious cases. 

Sentencing Considerations 

When deciding sentence, the court may consider: 

1. the seriousness of the offence; 

2. harm caused to the victim; 

3. the accused’s role and culpability; 

4. whether there was planning or impulsivity; 

5. prior criminal history; 

6. plea of guilty and timing of the plea; 

7. remorse and insight; 

8. rehabilitation; 

9. risk of further offending; 

10. deterrence; 

11. protection of the community; 

12. personal circumstances; 

13. mental health or disability; 

14. delay; 

15. family responsibilities; 

16. compensation or restorative steps. 

For children, the court gives particular attention to rehabilitation, maturity, education, family support, cultural connection, trauma, disability and the need to avoid unnecessary criminalisation. 

Adjourned Sentencing and Reports 

The court may adjourn a matter before sentence to obtain further information. 

Reports may include: 

1. pre-sentence reports; 

2. Youth Justice reports; 

3. psychological or psychiatric reports; 

4. drug and alcohol assessments; 

5. medical reports; 

6. suitability assessments for community-based orders; 

7. restorative justice or group conferencing reports; 

8. education or welfare reports. 

An adjournment may also allow the accused to demonstrate rehabilitation, complete counselling, pay compensation, obtain stable accommodation or engage with support services. 

After the Court Outcome 

After the court makes an order, the accused should clearly understand: 

1. the exact sentence or order imposed; 

2. whether a conviction or finding of guilt was recorded; 

3. the duration of the order; 

4. every condition attached to the order; 

5. reporting or treatment obligations; 

6. payment deadlines for fines or compensation; 

7. licence consequences, if any; 

8. consequences of breach; 

9. whether appeal rights exist; 

10. any future court dates. 

Failure to comply with a court order can lead to breach proceedings, further penalties, or a more serious sentencing outcome. 

Appeals 

An appeal may be available after a finding of guilt, conviction, sentence or other order. The appeal pathway depends on the court and the type of decision. 

Appeals may concern: 

1. the finding of guilt; 

2. the conviction; 

3. the sentence; 

4. both conviction and sentence; 

5. a question of law; 

6. procedural unfairness; 

7. an allegedly excessive sentence; 

8. an allegedly inadequate sentence in a prosecution appeal. 

Strict time limits apply. The availability and form of appeal will depend on whether the matter was heard in the Magistrates’ Court, Children’s Court, County Court or Supreme Court. 

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