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Before going to the court for a criminal offence – new law

Date : 01 Jan 2010

The law that governs the procedures that must be followed when someone goes to court to defend a criminal charge have changed. This may affect the notices that you get that tell you to go to the Magistrates’ Court and some of the procedures that happen before your court hearing.

The new procedures mean that you may not have to wait so long before you go to court. They also mean that you have information about the charges against you earlier so that your lawyer can prepare your case.

Notices that tell you that you have to go to court

The new system is being rolled out across Victoria over the next two years. You may proceed through the old or new process depending on which court you have to go to and the offences that you are suspected of committing.

The notice that asks you to go to court could be a:

notice to appear
charge sheet and summons
charge sheet and arrest.

Get legal advice

It is important that you speak to a lawyer as soon as possible after you get one of these notices. Contact Victoria Legal Aid or a community legal centre.

Notice to appear

Police can choose to give you a notice to appear. They are likely to do this if the matter is straightforward.

This notice tells you that the police (or some other authorised person) suspect that you have committed an offence. It also tells you that you have to attend court on a particular date and time.

The police have 14 days to formally charge you.

If a charge is filed the police have 21 days to give you:

a charge sheet that formally charges you with the offence
a notice that confirms that you must go to court
a preliminary brief that summarises the prosecution case against you.

If the police do not file a charge within 14 days, the notice to appear will lapse and you do not have to go to court. They will send you a letter within 21 days saying that you do not have to go to court.

Even if they do this, they may still make further investigations and may send another notice or may charge you later on.

Children’s Court

A notice to appear cannot be issued if the matter is to be heard in the Children’s Court of Victoria.

Summary case conference

A summary case conference is a meeting between your lawyer and the person who has charged you with an offence. If you were given a notice to appear and you are being represented by a lawyer, this meeting must happen before your court hearing.

This conference gives your lawyer the chance to discuss your case with the prosecutor. Your lawyer can:

ask for more details about the evidence that the police have against you
negotiate and find out It may be possible to have some of the charges against you amended or withdrawn
ask for more details about your case.

More information

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Last reviewed: 06 January 2010 Last modified: 08 February 2010