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Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Serious criminal charges

Find out what to do if you have been charged with a serious criminal offence. This is called an indictable offence.

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Serious criminal charges are called indictable offences.

Offences include:

  • theft
  • drug trafficking
  • sexual offences
  • dangerous driving where a person is seriously injured as a result
  • murder.

If you have been charged with an indictable offence it will say this on the charge sheet in the ‘Details of the charge’ section.

Going to court

Indictable offences are serious, you may have to go before a judge and a jury in higher courts like the County Court and Supreme Court.

Some indictable offences are less serious and are triable summarily. This means a lower court like the Magistrates’ Court can hear them if you and the magistrate agree.

When you must go to court

If the police have charged you with an indictable offence, and you have been issued with a summons or placed on bail, you must go to court.

The date you must attend court is listed on your summons or bail agreement.

The court process can take a long time and has a number of steps. This means you may have to come back to court several times until your case is finished.

Being charged with an indictable offence is serious. You could go to jail if you are found guilty.

A lawyer can:

  • answer questions about the indictable process
  • talk to you about your charges and the strength of your case
  • ask for you to make decisions
  • speak on your behalf to the court and to the prosecution.

Contact us to find out how we can help you. If you have a future court date, you may be eligible to get Help Before Court. You may also be able to get Help at court from a duty lawyer at the Magistrate's Court.

Even if you want to plead guilty, legal advice is important – a well-prepared case could mean a lighter penalty.

There are no duty lawyers at the County or Supreme courts. You will need to get legal advice before your court hearing.

Going to the Magistrates’ Court

Filing hearing

What is a filing hearing?

If your case has to go to the County or Supreme Court, the first step is a filing hearing at the Magistrate's Court.

At a filing hearing the magistrate will set out a timeline for when the prosecution must give their brief of evidence. This is called a hand-up brief. They will also set a date for committal mention.

Hand-up brief

You should get the hand-up brief 42 days before the committal mention hearing.

This hearing is the first part of a court case where the magistrate decides if there is enough evidence for the case to go to trial.

The hand-up brief has the following:

  • witness statements
  • your record of interview (what you said to police when you were interviewed by them).

The witness statements may be from your witnesses or the prosecution’s.

The hand-up brief will also tell you when to come back to court. You can talk to your lawyer about what is in the brief.

Committal mention hearing

At the committal mention hearing, the prosecution will call witnesses to be cross-examined (asked questions) by your lawyer.

At this hearing the magistrate will want to know:

  • whether you are pleading guilty or not guilty
  • your answers to any other questions about the case.

After you have given this information, a number of things could happen next.

This will depend on:

  • what you say about the charges
  • how the prosecution sees the case
  • how much more preparation your case needs

Committal case conference hearing

A committal case conference hearing is often held at your committal mention. This is a hearing for you, your lawyer and the prosecution to discuss any unresolved issues in front of a magistrate.

It aims to see if these issues can be resolved, and whether there is any further evidence to be given to you or your lawyer.

If you admit that you broke the law, you may decide to plead guilty early on.

Pleading guilty or not guilty at the Magistrates' Court

You may need more time if you are not sure of if you are pleading not guilty.

For example, you may need time to confirm legal aid funding or to negotiate with the prosecution.

The magistrate may put off the case to another committal mention or a committal case conference.

What if I am definitely pleading guilty?

If you are pleading guilty and your charges can finalised in the Magistrates' Court, you can ask the magistrate to hear the case and decide a penalty.

This may happen on the same day or on another date.

Even if you plead guilty the magistrate may say the charges are too serious, and that your plea hearing must be heard in the County Court or Supreme Court. Ask your lawyer if you need help.

What if I want to plead not guilty?

Depending on what you say about your charges and the evidence, you may ask the magistrate to list your case for a contested committal hearing in the Magistrates’ Court.

If you are charged with stalking, a sexual offence, an offence involving family violence, or a charge that can only be heard in the Supreme Court, you will not be allowed to have a contested committal.

If you do not want a contested committal hearing, of if you are not allowed to have one, the magistrate may send you case straight to the County Court or Supreme Court to be listed for trial.

Contested committal hearing

A contested committal hearing is where you or your lawyer ask one or more witnesses questions about their evidence while the case is still in the Magistrates' Court.

The magistrate will want to know which witnesses you wish to question, and what you want to ask them.

Going to the County or Supreme court

Pleading guilty

Plea hearing

If you have told the court you are pleading guilty, you will be given a date to go to court for a plea hearing.

On that date the prosecution will read a statement of alleged facts. Your lawyer will explain how the offence happened, and tell the judge about you and your situation.

The prosecution and your lawyer will talk to the judge about a penalty. Witnesses may give evidence.

The judge may put off your case to think about the penalty. The judge might cancel your bail and put you in custody.

Pleading not guilty

Directions hearing

If you are pleading not guilty, the court will list your case for a directions hearing.

At the directions hearing (or other date) you may be arraigned. This means that the charges are formally read out to you in the courtroom and you are asked if you plead guilty or not guilty.

The judge can make different orders at the directions hearing including:

  • setting dates for documents to be filed (such as openings or defence responses)
  • setting a date for trial
  • listing your case for a case assessment hearing, or a case conference.

The aim of the directions hearings and case conferences is to:

  • explore whether the case can be resolved without a trial
  • reduce the number of issues you and the prosecution disagree on, for example:
    • you may agree to plead guilty to a less serious charge or the prosecution might agree to say that things happened in a different way from what is set out in the brief.

You can also ask the judge to give a sentence indication in some cases. Speak to your lawyer about this.

If your case cannot be resolved, the judge will decide legal arguments, before a jury is chosen.

There will be a final directions hearing before the trial starts.

Trial

The trial is a hearing before a judge and jury.

Typically the hearing will take place through these steps:

  1. The prosecution presents its case against you. They do this by calling witnesses to give evidence.
  2. You present your case in defence – this is your version of things. It may include calling witnesses or giving evidence yourself.
  3. The judge will tell the jury members about what their role is.
  4. The jury will make a decision after the prosecution has presented their case and you have presented yours. The jury must decide if the prosecution has proven its case beyond reasonable doubt.

You may be found guilty of some or all charges, or not guilty of some or all charges.

Being found not guilty is called an acquittal. There will be a final directions hearing before the trial starts.

If you are found guilty

If you are found guilty at the trial then the judge will hold a plea hearing.

At the plea hearing the judge will hear about your personal circumstances. They may announce your sentence on that day or adjourn to a day in the future to announce your sentence.

Find out about the Possible outcomes for a criminal offences.

Appeals

You may be able to lodge an appeal if you disagree with:

  • being found guilty
  • the penalty.

Get legal advice about an appeal and appeal bail. You have 28 days to do this. If you appeal you could end up with a higher penalty.

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