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The Courts Process - Criminal Cases

A criminal case is brought by the State of Victoria against a person who has been charged for committing an offence. A person involved in a criminal action is called the 'defendant' in the Magistrates' Court or the 'accused' in the County and Supreme Courts.

Adult defendants

All criminal cases against adults commence in the Magistrates' Court. Offences such as theft, assault, drink driving and drug offences are heard and determined by a magistrate. If the magistrate finds the defendant guilty after hearing the arguments and evidence from both sides, then the magistrate will also decide on the sentence.

Offences such as rape or murder usually proceed to County or Supreme Courts for trial before a judge. The magistrate’s role in this scenario is to decide whether or not there is sufficient evidence against the defendant for trial. This process is known as the committal proceeding.

Youth defendants

Criminal cases involving young defendants (those who committed the alleged offence between their 10th and 18th birthdays) will be heard in the Children's Court. The Children's Court hears all charges against young people except for murder, attempted murder, manslaughter, culpable driving causing death and arson causing death. In the case of these five charges, the magistrate will conduct a committal hearing.

If the magistrate decides that the case should proceed to trial, the defendant is committed for trial in the County or Supreme Courts. The accused then appears in front of a judge and either pleads guilty or the case is adjourned so that a trial date can be set. 

Representation

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, and the defendant/accused is represented by a lawyer.

Victims and witnesses to the crime are generally called to attend court to give evidence and to be cross examined. Victims and witnesses may be given a court notice via a subpoena, which tells them when the trial is going to be held. If you receive a subpoena there is a legal requirement for you to attend.

Verdict

Once all evidence has been given, the judge or jury determines whether the accused is guilty beyond reasonable doubt. If the judge or jury decides the person is guilty, the judge then decides on the sentence. This is usually done on another day. If the person is found not guilty, the person is discharged.

A plea of guilty may take place at any step of the process before a decision is made. If a plea of guilty is made, the accused must still be sentenced.

Once a decision or sentence has been made, there may be an opportunity for either party to the criminal action to lodge an appeal. There are time restrictions in lodging an appeal, and legal advice should be sought.