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Magistrates' Court of Victoria

The Magistrates' Court of Victoria is the bottom tier of Victoria's court hierarchy. The court has the jurisdiction to hear all summary offences and a range of indictable offences.

Summary offences

A summary offence is an offence that can be heard by a magistrate sitting alone, rather than a judge and jury. It can also be heard in the absence of the defendant. This type of hearing is called an ex-parte hearing.

Summary offences include:

• road traffic offences (for example, careless driving, drink driving and unlicensed driving)
• minor assaults
• property damage
• offensive behaviour.

Indictable offences

An indictable offence is a more serious offence that cannot be heard in the absence of the defendant. Although, some indictable offences may be heard if the court is of the opinion that the charge is appropriate to be dealt with summarily, and if the defendant consents to the charge being dealt with summarily.

Types of indictable offences include:

• burglary
• indecent assault
• drug trafficking offences
• murder.

Types of hearings

Cases are heard and determined in a number of ways including pleas, hearings and committal hearings.

Plea

A plea is where the defendant admits to the charge and pleads guilty.

Hearing

A hearing is held where the defendant does not admit to the charge and pleads not guilty. The evidence is heard by a magistrate who will determine whether or not the defendant is guilty of the offence.

Committal hearing

A committal hearing is held in cases where a person has been charged with an indictable offence, unless:

• it is heard summarily
• the defendant is pleading guilty to the charge
• the defendant wishes to face trial without a committal hearing.

The purpose of a committal hearing is to:

• determine whether there is enough evidence for a properly instructed jury to find the defendant guilty of the offence
• dismiss the charge if a magistrate finds there's not enough evidence for a jury to find the defendant guilty
• commit the defendant to stand trial in a higher court if a magistrate finds that there is enough evidence for a jury to find the defendant guilty of the offence.

Sentencing

If a defendant is found the guilty the magistrate must consider what penalty to impose, taking take into account:

• seriousness of the offence
• the defendant's reason for committing the offence, and whether they are remorseful for their actions
• whether the defendant has a substance dependency
• the defendant's financial situation
• range of penalties that may be imposed for the offence.

Before making a decision regarding a penalty, the magistrate will ask the prosecution whether the defendant has been found guilty of any offences in the past, as this may impact upon the penalty imposed. The defendant or their lawyer will then be given an opportunity to submit to the court information about the defendant which may assist the magistrate when deciding the most appropriate penalty.

Penalties

The types of penalties imposed in the Magistrates' Court include:

• fines
• cancellation or suspension of a driver licence or permit, or disqualification from obtaining one for a specified period of time
• adjourned undertakings
• community based orders
• imprisonment.

Certain penalties may be imposed with or without conviction. A conviction may affect a person's future opportunities for employment or travel.

Appeals

A defendant may appeal against a conviction or sentence to the County Court.

Publications

The following brochures are available from any venue of the Magistrates' Court:

Going to court

• When you Receive a Witness Summons
• A Quick Guide to Civil Procedure
• Crimes and Family Violence
• The Customer Service Charter.

 Further information is available on the Magistrates' Court website (link available in the menu on the right).