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Going to court
This information is about going to court when you have been charged with a criminal offence. See ‘Courts & tribunals’ (link below) for information about how the courts handle family law and civil law matters.
If you have to go to court to face a criminal charge you should get legal advice as soon as possible, even if you don’t think the charge is very serious.
Important principles at court
You are considered innocent until proven guilty beyond a reasonable doubt. This means that it is up to the police to give evidence to the court to prove that you are guilty. If you plead not guilty, you or your lawyer can defend the charge. If you plead guilty, the court only hears a summary of the evidence and finds the case proved. The court then decides the penalty.
The court system is adversarial. This means that the police and the defence (you and your lawyer if you have one) are on opposing sides. Each side may give evidence to the court. When deciding if you are guilty or not, the court will think about only the evidence and what is said in court. The court has no power to investigate further.
Legal representation
You don’t have to be represented by a lawyer in court, but preparing and presenting your own case can be complicated. Legal advice will help you decide whether you need a lawyer to speak for you in court or if you’re better off representing yourself.
Victoria Legal Aid (VLA) has lawyers on ‘duty’ at many courts and tribunals across Victoria. These ‘duty lawyers’ help people who have a court hearing on the day, but do not have their own lawyer. Duty lawyers need to help many people each day, so they may only be able to give you quick help for some matters. See ‘Lawyers at court’ (link below).
See ‘Lawyers’ and ‘Legal assistance schemes’ (links below) for more information about getting legal representation.
Trial procedures
In Victoria, all criminal cases against adults begin in the Magistrates’ Court. Most criminal cases against people aged over 10 and under 18 at the time of the offence are dealt with by the Children’s Court.
Offences such as theft, assault, drink driving and drug offences (also called ‘summary offences’) are heard and determined by a magistrate. If the magistrate finds the defendant guilty after hearing the arguments and evidence from both sides, they will also decide on the sentence.
Very serious offences (‘indictable offences’), such as rape or murder, usually proceed to the County Court or Supreme Court for trial before a judge and jury. For indictable offences, the magistrate’s role is to decide whether or not there is sufficient evidence against the defendant for trial. This is known as the 'committal proceeding'.
During trial, the State is usually represented by the police prosecutor in the Magistrates’ Court or the Director of Public Prosecutions in more serious matters. The defendant may be represented by a lawyer.
After hearing all the evidence, including evidence from any victims or witnesses, the judge or jury decides whether the accused is guilty beyond reasonable doubt. If a guilty verdict is reached, the judge then decides on the sentence. This is usually done on another day. If the person is found not guilty, they are discharged.
A plea of guilty may take place at any time before a decision is made. If the defendant pleads guilty the magistrate or judge will listen to what they or their lawyer have to say in their defence before deciding the sentence.
Appealing a court’s decision
Once a decision or sentence has been made, either the prosecution or the defendant may be able to lodge an appeal. There are time limits for lodging an appeal, get legal advice.
More information
Going to court – frequently asked questions
Victoria Legal Aid – what we do
Youth issues – Children's Court
Related publications
How to run your family law case
Your day in courtHow VLA can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some matters we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.