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Victorian Courts Mapping the Court Process

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Presentation on theme: "Victorian Courts Mapping the Court Process"— Presentation transcript:

1 Victorian Courts Mapping the Court Process
Pleading Not Guilty to an Offence in the County or Supreme Court Pleading Guilty to an Offence in the County or Supreme Court Pleading Not Guilty to an Offence in the Magistrates’ Court Pleading Guilty to an Offence in the Magistrates’ Court

2 Found Guilty / Sentencing
Pleading Not Guilty to an Offence in the Magistrates’ Court First Mention Mention Special Mention Case Conference Contest Mention Contested Hearing Found Not Guilty Found Guilty / Sentencing OR

3 Found Guilty / Sentencing
Pleading Not Guilty to an Offence in the Magistrates’ Court First Mention Mention Special Mention Case Conference Contest Mention Contested Hearing Found Not Guilty Found Guilty / Sentencing OR First Mention / Mention / Special Mention When a matter is listed for mention, it may be finalised by way of a plea of guilty if liability for all charges is accepted and there is no dispute with the circumstances alleged. If there is any dispute the matter will be adjourned for a case conference or contest mention so that negotiations can take place with the prosecution.  Matters can be listed for special mention for the Court to check on the progress of the case deal with an issue. The Court sometimes list these to see if they can resolve cases.

4 Found Guilty / Sentencing
Pleading Not Guilty to an Offence in the Magistrates’ Court First Mention Mention Special Mention Case Conference Contest Mention Contested Hearing Found Not Guilty Found Guilty / Sentencing OR Case Conference Negotiations take place with police prosecutors and informants about the disputed aspects of a matter. Seek further material. Special mentions, subpoenas and other legal issues. This stage could involve a sentence indication. Often it will then be adjourned to a contest mention.

5 Found Guilty / Sentencing
Pleading Not Guilty to an Offence in the Magistrates’ Court First Mention Mention Special Mention Case Conference Contest Mention Contested Hearing Found Not Guilty Found Guilty / Sentencing OR Contest Mention A Contest Mention is heard in front of a Magistrate. This is the main difference between a Contest Mention and a Case Conference. Negotiations take place with police prosecutors and informants about the disputed aspects of a matter. This might result in a plea to only some of the charges or amendments to the facts alleged as part of the case. If you are pleading not guilty this stage is necessary to advise the Court what the disputed issues are and which witnesses will be required at the hearing. Further information or evidence can be requested. This stage could involve a sentence indication.

6 Found Guilty / Sentencing
Pleading Not Guilty to an Offence in the Magistrates’ Court First Mention Mention Special Mention Case Conference Contest Mention Contested Hearing Found Not Guilty Found Guilty / Sentencing OR Contested Hearing The stage at which the prosecution must call witnesses to give evidence and prove their case. Prosecution witnesses can be cross-examined by the defence and we can call our own witnesses, including the accused, to give evidence.

7 Found Guilty / Sentencing
Pleading Not Guilty to an Offence in the Magistrates’ Court First Mention Mention Special Mention Case Conference Contest Mention Contested Hearing Found Not Guilty Found Guilty / Sentencing OR Found Not Guilty The Case is finished. Costs may be requested depending on the circumstances of the case.

8 Found Guilty / Sentencing
Pleading Not Guilty to an Offence in the Magistrates’ Court First Mention Mention Special Mention Case Conference Contest Mention Contested Hearing Found Not Guilty Found Guilty / Sentencing OR Found Guilty / Sentencing The judge will make sentencing remarks and deliver sentence. This generally takes place on the same day as the contested hearing. It may be adjourned to get a date.

9 Pleading Guilty to an Offence in the Magistrates’ Court
First Mention Mention Special Mention Case Conference Contest Mention Guilty Plea Sentencing

10 First Mention / Mention / Special Mention
Case Conference Contest Mention Guilty Plea Sentencing First Mention / Mention / Special Mention When a matter is listed for mention, it may be finalized by way of a plea of guilty if liability for all charges is accepted and there is no dispute with the circumstances alleged. If there is any dispute the matter will be adjourned for a case conference or contest mention so that negotiations can take place with the prosecution.  Matters can be listed for special mention for the Court to check on the progress of the case deal with an issue. The Court sometimes list these to see if they can resolve cases.

11 First Mention Mention Special Mention Case Conference Contest Mention Guilty Plea Sentencing Case Conference Negotiations take place with police prosecutors and informants about the disputed aspects of a matter. This might result in a plea to only some of the charges or amendments to the facts alleged as part of the case. Further information or evidence can be requested. This stage could involve a sentence indication.

12 Pleading Guilty to an Offence in the Magistrates’ Court
First Mention Mention Special Mention Case Conference Contest Mention Guilty Plea Sentencing Contest Mention A Contest Mention is heard in front of a Magistrate. This is the main difference between a Contest Mention and a Case Conference. Negotiations take place with police prosecutors and informants about the disputed aspects of a matter. This might result in a plea to only some of the charges or amendments to the facts alleged as part of the case. If you are pleading not guilty this stage is necessary to advise the Court what the disputed issues are and which witnesses will be required at the hearing. Further information or evidence can be requested. This stage could involve a sentence indication.

13 Guilty Plea Pleading Guilty to an Offence in the Magistrates’ Court
First Mention Mention Special Mention Case Conference Contest Mention Guilty Plea Sentencing Guilty Plea Guilty plea may take place at a mention or following a hearing, contest mention or case conference. This is the sentencing stage where your personal circumstances and an explanation of the offending and surrounding circumstances is put to the Court.

14 Sentencing Pleading Guilty to an Offence in the Magistrates’ Court
First Mention Mention Special Mention Case Conference Contest Mention Guilty Plea Sentencing Sentencing Usually you will be sentenced on the same day as the plea hearing, however occasionally, this may occur on a subsequent day. The judge will make sentencing remarks and deliver sentence.

15 Pleading Not Guilty to an Offence in the County or Supreme Court
Filing Hearing / Bail Application Committal Mention / Committal Case Conference Contested Committal First Directions Hearing / Final Directions Hearing / Mention Trial If Found Guilty Plea / Sentence Hearing

16 Filing Hearing / Bail Application or Variation
Pleading Not Guilty to an Offence in the County or Supreme Court Filing Hearing / Bail Application Committal Mention / Committal Case Conference Contested Committal First Directions Hearing / Final Directions Hearing / Mention Trial If Found Guilty Plea / Sentence Hearing Filing Hearing / Bail Application or Variation Dates set for service of brief of evidence and for committal mention. Discussions with the prosecution. First opportunity to make a bail application or bail variation

17 Committal Mention / Committal Case Conference
Pleading Not Guilty to an Offence in the County or Supreme Court Filing Hearing / Bail Application Committal Mention / Committal Case Conference Contested Committal First Directions Hearing / Final Directions Hearing / Mention Trial If Found Guilty Plea / Sentence Hearing Committal Mention / Committal Case Conference Negotiations with the prosecution. Seek further material. Special mentions, subpoenas and other legal issues. For a not guilty plea a date is obtained and leave sought from the Court to cross examine relevant witnesses. If the charges permit, an application can be made that the case remain in and be determined in the Magistrate's Court without going to the County Court.

18 Pleading Not Guilty to an Offence in the County or Supreme Court
Filing Hearing / Bail Application Committal Mention / Committal Case Conference Contested Committal First Directions Hearing / Final Directions Hearing / Mention Trial If Found Guilty Plea / Sentence Hearing Contested Committal Test the prosecution case, to see if there is sufficient evidence to go to trial. Witnesses cross-examined. Question police informant about investigative steps. Committed to stand trial OR Discharged and might be able to apply for costs. Test of sufficient evidence a very low threshold. Almost all accused are committed to stand trial.

19 First Directions Hearing / Final Directions Hearing / Mention
Pleading Not Guilty to an Offence in the County or Supreme Court Filing Hearing / Bail Application Committal Mention / Committal Case Conference Contested Committal First Directions Hearing / Final Directions Hearing / Mention Trial If Found Guilty Plea / Sentence Hearing First Directions Hearing / Final Directions Hearing / Mention Court is informed of factual & legal issues. Formally state case in writing. Preliminary legal issues discussed. Can be any number of directions hearings but at least two. A mention is when you go to Court to argue some issues before trial, or to get documents under subpoena.

20 Trial Pleading Not Guilty to an Offence in the County or Supreme Court
Filing Hearing / Bail Application Committal Mention / Committal Case Conference Contested Committal First Directions Hearing / Final Directions Hearing / Mention Trial If Found Guilty Plea / Sentence Hearing Trial Preliminary legal issues ruled upon. Prosecution call witnesses and tender evidence to prove its case. Prosecution witnesses can be cross-examined by defence. Defence can call our own witnesses, including the accused to give evidence.

21 Plea / Sentence Hearing
Pleading Not Guilty to an Offence in the County or Supreme Court Filing Hearing / Bail Application Committal Mention / Committal Case Conference Contested Committal First Directions Hearing / Final Directions Hearing / Mention Trial If Found Guilty Plea / Sentence Hearing Plea / Sentence Hearing Plea in mitigation. Personal history and the circumstances of the offence. Submissions about legal issues, sentencing considerations and appropriate sentence. Often, sentencing will take place on a different date as the judge wants to consider the information and will often write a long judgement. Sometimes, the Judge will ask for further submissions on the sentencing date. The Judge will make sentencing remarks and deliver a sentence.

22 Committal Mention / Committal Case Conference
Pleading Guilty to an Offence in the County or Supreme Court Filing Hearing / Bail Application Committal Mention / Committal Case Conference Guilty Plea Sentence Hearing

23 Committal Mention / Committal Case Conference
Pleading Guilty to an Offence in the County or Supreme Court Filing Hearing / Bail Application Committal Mention / Committal Case Conference Guilty Plea Sentence Hearing Filing Hearing / Bail Application or Variation Dates set for service of brief of evidence and for committal mention. Discussions with the prosecution. First opportunity to make a bail application or bail variation

24 Committal Mention / Committal Case Conference
Pleading Guilty to an Offence in the County or Supreme Court Filing Hearing / Bail Application Committal Mention / Committal Case Conference Guilty Plea Sentence Hearing Committal Mention / Committal Case Conference Negotiations with police prosecutors and informants about the disputed aspects of a matter. This might result in a plea to only some of the charges or amendments to the facts alleged as part of the case. Further information or evidence can be requested. Sometimes leave is sought from the Court to cross examine relevant witnesses to establish the facts of the plea of guilty. This stage could involve a sentence indication.

25 Committal Mention / Committal Case Conference
Pleading Guilty to an Offence in the County or Supreme Court Filing Hearing / Bail Application Committal Mention / Committal Case Conference Guilty Plea Sentence Hearing Guilty Plea The prosecution present their case. Plea in mitigation. Personal history and the circumstances of the offence are presented. Submissions about legal issues, sentencing considerations and appropriate sentence. The Judge may sentence on this date or adjourn for sentencing.

26 Committal Mention / Committal Case Conference
Pleading Guilty to an Offence in the County or Supreme Court Filing Hearing / Bail Application Committal Mention / Committal Case Conference Guilty Plea Sentence Hearing Sentence Hearing Often, sentencing will take place on a different date. The Judge wants to consider the information and will often write a long judgement. Sometimes, the Judge will ask for further submissions on the sentencing date. The Judge will make sentencing remarks and deliver a sentence.

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