Most
Victorian criminal law cases are heard in the Magistrates’ Court. This
court has the jurisdiction to hear all summary offences (ie those
punishable by up to two years’ imprisonment, such as drink driving and
driving whilst suspended) and all indictable offences triable summarily.
Your criminal lawyers Melbourne will be able to give you further advice
as to whether your charges are likely to be heard in this court. If you
have been charged with a more serious offence such as rape or culpable
driving, the charges may initially be heard in the Magistrates’ Court
for committal proceedings before proceeding to trial in the County Court
or Supreme Court of Victoria.
The
Victorian Magistrates’ Court includes specialist divisions. In addition
to the basic mention court, which hears guilty pleas, there is also the
contest mention court (which can require criminal lawyers and police to
negotiate the resolution of charges) and courts for contested hearings.
There is also a Koori court, a drug court, and the Criminal Diversion
Program which allows offenders who have been charged with a first
offence of modest seriousness to participate in the diversion program
which leads to the offender being discharged with no finding of guilt.
Participation in the Criminal Diversion Program ensures that the record
of offending is not available to the public, including potential
employers.
If you have been charged with criminal offences, but
your case can be heard in the Magistrates’ Court, you should consider
carefully proceeding in this court rather than taking the matter to
trial. The advantages to proceeding summarily in the Magistrates’ Court
are that there is a saving in time and money associated with the
hearing. There is also a limit on the maximum penalty that can be
imposed by a Magistrate hearing the matter. However, it would involve
proceeding before a Magistrate and foregoing the right to trial by jury.
Following
your Magistrates’ Court hearing, there are three options for further
review of your case if you are not satisfied with the result. In most
criminal cases, including traffic charges, there is the right of appeal
to the County Court against the finding of guilt, and also against the
penalty imposed. There is also a right of review in the Supreme Court in
certain circumstances. Strict time limits apply, so that it is
important to speak to your criminal lawyer early to discuss your
options.
Before your criminal law case proceeds in court, it is
important to obtain advice from a criminal defense lawyer. The lawyer
can give you advice as to whether you should be pleading guilty or not
guilty, and in the event of a guilty finding, how you can ensure that an
appropriate penalty is imposed. Criminal defence lawyers can also give
you advice as to the procedure which applies in your circumstances, so
that you are kept completely up to date as to the stage of your
proceedings as well as the risks and advantages of each step.