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Criminal and Traffic Offences

VIC

This publication guides practitioners through criminal and traffic offences in the Magistrates' Court of Victoria, intervention orders and Commonwealth offences.

5 Matter Plans

Overview

The Criminal and Traffic Offences commentaries cover all aspects of criminal matters, with an emphasis on criminal procedure and sentencing for summary and indictable offences in the Magistrates' Court of Victoria. They cover the key stages from charging, to bail, a defended hearing or a plea of guilty, and sentencing. Practical guidance in preparing for court is included, with detailed commentary on analysing the charge and considering evidence.

The Intervention Order guide covers applying for an order, negotiating, varying and appeals.

The supplementary Commonwealth offences guide assists practitioners in advising and representing clients charged with offences under the Crimes Act 1914 (Cth) and the Commonwealth Criminal Code. The commentary sets out the procedure for summary and indictable Commonwealth offences from bail considerations to sentencing. The possible sentencing options are covered in detail, and there is a very useful table of the Commonwealth offences most frequently encountered.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Also included is 101 Subpoena Answers, which is a useful reference guide.

Precedents in this publication include:

  • Library of initial letters to clients, covering a variety of offences and possible outcomes;
  • Letters to:
    • clients;
    • police;
    • the Crown;
    • third parties, including witnesses and experts;
  • Information sheets for clients explaining the court processes and what to do on the day of the hearing;
  • Attendance notes for every stage.
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5 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Magistrates' Court Criminal (VIC)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Subpoena Answers
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Litigation
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Item icon Calculating Penalty Units - All States and Territories
    • Item icon Further information
  • Item icon Overview and penalty units
    Overview All criminal offences commence in the Magistrates’ Court. The majority of offences remain there, as they are either summary offences or may be dealt with summarily.

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Criminal
    • Item icon To do list - Criminal
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Criminal
    • Item icon Conflict of interest check
    • Item icon Attendance note - Conflict of interest check - No conflict
    • Item icon Attendance note - Conflict of interest check - Conflict identified
    • Item icon Costs agreement - VIC
    • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Letter to accused enclosing costs agreement - Concise
    • Item icon Letter to accused enclosing costs agreement - Extensive
    • Item icon First contact – Arrest
      Arrest If a client is at the police station having just been arrested, they have a right under s 464C of the Crimes Act 1958 to contact a lawyer for advice.

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    • Item icon At the police station
      If a lawyer is attending the police station they need to present at the front counter and identify as a legal practitioner – a Law Institute of Victoria photo ID card is ideal, but a business card will usually suffice. The name of the client who is in custody is provided with a request to see them. ...

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    • Item icon Police station instructions and advice record
    • Item icon Attendance note - Attending client at police station
    • Item icon Letter to client on bail following attendance at police station
    • Item icon Letter to client refused bail following attendance at police station
    • Item icon Record of interview
      Some practitioners strongly believe that it is best not to get instructions on the allegations before the police case against an accused is known. This is a useful rule of thumb because the client has the right to silence and no adverse inference can be drawn from the exercise of that right. ...

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    • Folder icon If required - Bail
      • Item icon Bail
        Overview of bail The Bail Act 1977 applies and generally provides for an entitlement to bail unless the accused represents an unacceptable risk. A person charged with only minor offences, who has no record of terrorism and has not already had bail for the same offences revoked, generally cannot be ...

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      • Item icon Bail decision making process
        A person accused of an offence being held in custody is entitled to be granted bail unless the bail decision maker is required to refuse bail under the Bail Act 1977. The decision making process to be followed is different depending on whether the alleged offence is a Schedule 1 or a ...

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      • Item icon Instructions for a bail application
        Detailed instructions on a bail application are required so the lawyer is prepared to answer questions from the bench about the client’s:

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      • Item icon Retainer instructions - Bail application
      • Item icon Application for bail
      • Item icon Application by accused for an order to vary amount of bail OR conditions of bail
      • Item icon Application by informant to vary bail
      • Item icon Letter to counsel with brief for bail application
      • Item icon Letter to bail guarantor
      • Item icon Notice to surety of application by accused for an order to vary amount of bail OR conditions of bail
      • Item icon Letter to client in prison regarding date for bail application
      • Item icon Letter to court enclosing bail application
      • Item icon Letter to prosecution enclosing bail application
      • Item icon Letter to client after successful bail application
      • Item icon Court Integrated Services Program
        In most Magistrates' Courts there is a Court Integrated Services Program (CISP) to assist people seeking bail: see the Bail support (CISP) page on the Magistrates' Court website. In addition, there is the CISP Remand Outreach Program (CROP), which extends the CISP program by placing assessment ...

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      • Item icon CISP application/referral - Magistrates' Court Victoria
      • Item icon Bail procedure
        Section 8 of the Bail Act 1977 sets out the procedure for bail applications, and the court's Practice Direction No. 6 of 2022 and Practice Direction 1 of 2024 set out the applicable arrangements. For bail applications other than first remand hearings, the accused's lawyer can arrange for the ...

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      • Item icon Letter to client in prison after unsuccessful bail application
      • Item icon Submissions on bail
        Submissions should directly address all relevant issues, including the following:

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      • Item icon If bail is refused
        If bail is refused in the Magistrates' Court, and the application is the first or second instance of the accused applying to a court for bail since being taken into custody, a fresh application can be made. Once bail is refused by the court for a second time, the accused cannot make another ...

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    • Item icon First contact – In the office
      Taking instructions in criminal matters It is important for the practitioner to take detailed instructions from the client. Taking full instructions on the simplest plea should rarely take less than half an hour. The same applies to bail applications. See Instructions for a bail application.

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    • Item icon Taking instructions in criminal matters
      It is important for the practitioner to take detailed instructions from the client. Taking full instructions on the simplest plea should rarely take less than half an hour. The same applies to bail applications. See Instructions for a bail application. If there is no time to take proper ...

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    • Item icon Engagement and retainer management
      Criminal matters should always be the subject of formal engagement and the client should be required to enter into a costs agreement. Many practitioners charge a flat fee for pleas of guilty in criminal matters. However, this does not mean that a formal costs agreement is not required. The first or ...

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    • Item icon Enclosure - Court reference information sheet
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Preliminary issues
    • Item icon Commencement of charges
      Summons or warrant Once charge-sheets have been filed with the registrar of the court, the court may issue either a summons for the person to appear, or if satisfied by sworn evidence from the informant that the person is likely to not answer a summons or will or has absconded or avoided service, a ...

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    • Item icon Charges in the summary stream
      If the client has been summonsed or remanded to appear at a mention hearing, this means that their case is in the summary stream. Police prosecutors prosecute all Victoria Police matters in the summary stream. Other agencies prosecute their own matters in the summary stream – this includes the ...

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    • Item icon Charges in the indictable stream
      If the charge-sheet contains indictable offences which are not triable summarily, or the prosecution has elected to have indictable offences triable summarily heard in the indictable stream, they ultimately have to be dealt with either by a trial or a plea of guilty in either the Supreme Court or ...

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    • Item icon Letter to police station requesting brief
    • Item icon Brief of evidence
      After the first conference with the client, the brief of evidence can be requested from the police informant if the client does not already have it. Pursuant to s 39 of the Criminal Procedure Act 2009, this request must be by written notice. It is good practice for the lawyer to include in ...

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    • Item icon Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958
    • Item icon Notice of intention to apply for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958
    • Item icon Letter to accused requesting conference after receiving brief
    • Item icon Defence disclosure
      Sections 50 and 51 set out disclosure obligations of the accused with respect to expert and alibi witnesses. Where the client wishes to rely on expert evidence, or alibi witnesses, they must be disclosed to the prosecution in advance.

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    • Item icon Notice of alibi (Criminal Procedure Act 2009)
    • Item icon Letter to potential alibi witness
    • Item icon Analysing the charge
      The first thing for the lawyer to do is analyse the charge to ascertain exactly what the prosecution has to prove. This followed by an analysis of the brief of evidence against each element of the offence which has to be proven beyond reasonable doubt by the prosecution. Attention needs to be paid ...

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    • Item icon Charge negotiations
      Just because there will be a plea of guilty does not mean that the client must plead to all the charges put forward by the police or on the basis of the allegations set out in the Summary. Often a client will be charged with multiple offences laid in the alternative and covering the same ...

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    • Item icon Agreed summary of facts
      During negotiations, the summary of facts need to be addressed which will ultimately be read out to the magistrate as well as the actual charges. From the summary in the brief, the following can be identified and removed, including:

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    • Item icon Attendance note - Taking full instructions
    • Item icon Letter to client requesting evidence
    • Item icon Letter to court requesting interpreter
    • Item icon Written instructions to plead guilty
  • Folder icon C. Going to court
    • Item icon Notice to appear
      A notice to appear directs the accused to attend the Magistrates' Court on a specified date, not less than 28 days after serving of the notice. It must also contain the name and contact details of the person serving the notice, the full name and address of the accused, the offence and the ...

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    • Item icon Charge-sheet and preliminary brief
      Once a charge-sheet has been filed, the police informant must file and serve a preliminary brief within 7 days. The preliminary brief will be served on the accused. Pursuant to s 37, a preliminary brief must contain:

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    • Item icon Electronic Filing Appearance System
      The Electronic Filing Appearance System (EFAS Daily court list) is an online system for lawyers to complete key tasks including:

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    • Item icon Application for a direction for an accused to appear online
    • Item icon Appearances
      Practice Direction No. 1 of 2025 sets out the procedure for all appearances, online or in person, except a first remand hearing which is covered by Practice Direction 1 of 2024. The court may direct that different procedure applies in any given case.

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    • Item icon Court attendance sheet
    • Item icon Attendance note - Court appearance
    • Item icon First remand hearing
      A first remand hearing is when an accused in custody is initially brought before the court. Under Practice Direction No. 1 of 2024 the accused is required to attend in person, unless the court has directed under s 42MAA(1) of the Evidence (Miscellaneous Provisions) Act 1958 that they can ...

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    • Item icon First mention/Case conference
      It is likely at the first mention that the accused will be required to participate in a summary case conference: s 54 Criminal Procedure Act 2009. The purpose of a case conference is to:

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    • Item icon Summary case conference form
    • Item icon Letter to accused on outcome of summary case conference
    • Item icon Attendance note - Brief to counsel
    • Item icon Brief to counsel
    • Item icon Brief to counsel - Criminal
    • Item icon AI Prompt for Brief to counsel
    • Item icon Example content - Brief to counsel - Criminal
    • Item icon Letter to counsel enclosing brief
    • Item icon Attendance note - Advice on plea
    • Item icon Contest mention hearings
      Paragraph 22 of Practice Direction No. 1 of 2025 provides that represented accused and their lawyer must appear in person at contest mention hearings in bail or summons matters, unless otherwise directed by the court.

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    • Item icon Sentence indication
      Either the defence or the prosecution can ask a magistrate for a sentencing indication at any stage of a matter: s 60 and s 61 of the Criminal Procedure Act 2009. A contest mention is the most common time to seek an indication.

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    • Item icon Diversion
      If the client is a first-time offender and the offence is a relatively minor one, whether they are eligible for diversion is a consideration: s 59 of the Criminal Procedure Act 2009. Diversion is a way in which a person may acknowledge their responsibility for an offence but be dealt with ...

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    • Item icon Application
    • Item icon Affidavit
    • Item icon Affidavit or declaration of service
    • Item icon Notice of appearance
    • Item icon Application for physical appearance
    • Item icon Application for appearance by audio visual link
    • Item icon Case direction notice
    • Item icon Case abridgement application
    • Item icon Letter to client advising court date
    • Item icon Attendance note - Reviewing additional prosecution material
    • Item icon Letter to client enclosing prosecution evidence and make appointment for instructions
    • Item icon Letter to client informing of hearing date
    • Item icon Attendance note - Preparation of witness statement
    • Item icon Letter to witness enclosing statement
    • Item icon Letter to counsel enclosing defence witness statements
    • Item icon Letter to witness with arrangements for attendance at hearing
    • Item icon Attendance note - Considering client's previous convictions
    • Item icon Attendance note - Considering custody record
    • Item icon Attendance note - Considering prosecution evidence
    • Item icon Attendance note - Viewing CCTV footage with client
    • Item icon Attendance note - Viewing CCTV footage without client
    • Item icon Attendance note - Viewing client's police interview
    • Item icon Freedom of information request
    • Item icon Request for copy of audio recording
    • Item icon Letter to police requesting items not served
    • Item icon Letter to client who failed to attend court - Matter adjourned
    • Item icon Letter to client who failed to attend court - Warrant issued
    • Item icon Written instructions to plead guilty
  • Folder icon D. Summary matters - Plea of guilty
    • Item icon Plea and mitigation instruction sheet
    • Item icon Instructions to plead guilty
    • Item icon Summary matters – Plea of guilty
      An early plea of guilty is an especially important mitigating factor on a criminal charge. Section 5(2)(e) of the Sentencing Act 1991 provides that when passing sentence the court must take into account the fact that the offender pleaded guilty and the stage of proceedings when the offender ...

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    • Item icon Preparing for the plea
      It is rare in the Magistrates' Court that oral evidence is given on a plea. The practice is that the vast majority of pleas are conducted from the bar table with the legal representative of the client making submissions. Often the representative will indicate that their client’s parent or spouse is ...

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    • Item icon Victim impact statements
      If the prosecution provides a victim impact statement completed by the complainant in the matter, the client needs to see it so the court can be told that the client is aware of it. While the victim’s impact statement should be read and acknowledged, when making submissions to the court on sentence ...

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    • Item icon Calculating pre-sentence detention for clients in custody
      Having time spent in custody declared as time served is important to the client. Custody records are difficult to decipher. A number of date calculators are available on the internet, for example, the Australian Taxation Office Calculate days calculator, but it will only take a minute for the ...

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    • Item icon Pre-sentence detention calculator
    • Item icon Letter to client advising on steps to be taken in preparation for a plea of guilty
    • Item icon Character testimonials or references
      References must be specific to the offence. The Enclosure – Court Reference Information Sheet on the matter plan can be provided to the client to give to their referees. A good character reference will contain at least the following:

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    • Item icon Enclosure - Court reference information sheet
    • Item icon Restitution and compensation
      A willingness to make restitution to the victim of an offence is an indication of the client’s contrition and remorse. This issue needs to be addressed with the client before the plea hearing. In the event of the offence having caused some injury, loss, or damage, the issue of restitution must be ...

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    • Item icon Letter instructing psychiatrist or psychologist
    • Item icon Rehabilitation and specific programs
      An important issue relevant to sentencing is the client’s prospects of rehabilitation. If there are medical issues relevant to the client’s offending behaviour, obtain a report from the client’s GP and any attending specialist, subject to the client’s ability to pay for such reports. A report from ...

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    • Item icon Pre-sentence reports
      Prior to going to court, the practitioner needs to consider whether the magistrate is likely to require a pre-sentence report (PSR) or a court ordered psychiatric assessment. If it is likely and an adjournment for a full background report will therefore be required, the practitioner can alert the ...

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    • Item icon Conducting the plea
      When conducting a plea before the Magistrates' Court the practitioner needs to be concise. Most courts are busy, especially on Mondays. The practitioner should not waffle or waste time as it will only irritate the magistrate and an irritated magistrate is unlikely to be converted to the client’s ...

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    • Item icon Written submissions
      Written submissions on sentence are appropriate for complex applications, or for some types of offences, for example, sexual offences. Any discussion of the offending behaviour, the client’s circumstances and background and other material to assist the court in its sentencing exercise is set out in ...

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    • Item icon AI Prompt for Submissions for section 7(1)(g) application - Conviction
    • Item icon AI Prompt for Submissions for section 7(1)(i) application - No conviction
    • Item icon Plea procedure
      The procedure in the conduct of a plea is for the practitioner to normally do as follows:

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    • Item icon Court attendance sheet
  • Folder icon E. Summary matters - Plea of not guilty
    • Item icon Preparation for the hearing
      Proof of evidence A full proof of evidence – a statement – should be obtained from the client in regard to what evidence he or she proposes to give, if any. A proof of evidence should also be obtained from all witnesses the defence intends to call.

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    • Item icon Attendance note - Preparation for hearing
    • Item icon Attendance note - Additional preparation for hearing
    • Item icon Attendance note - Preparation for adjourned hearing
    • Item icon Proof of evidence
      A full proof of evidence – a statement – should be obtained from the client in regard to what evidence he or she proposes to give, if any. A proof of evidence should also be obtained from all witnesses the defence intends to call.

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    • Item icon Proof of evidence
    • Item icon Attendance note - Preparation of proof
    • Item icon Letter to client sending proof of evidence
    • Item icon Attendance note - Considering amended proof of evidence
    • Item icon Defence witnesses
      If intending to call witnesses other than the client, the practitioner should take a statement of their evidence and issue witness summonses to them, to ensure their attendance at court. A summons to attend court must be served a reasonable time before the hearing date: s 43 of the ...

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    • Item icon Letter to potential witness
    • Item icon Attendance note - Conference with defence witness
    • Item icon Witness summons
    • Item icon Obtaining evidence
      If the practitioner intends to issue any summons for documents or things, this must be done before the hearing date. They must be ready to identify what summonses will be issued at the contest mention hearing if asked. All summonses issued by the court must be returnable at a special mention prior ...

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    • Item icon Request for contested summary hearing
    • Item icon Adjournments
      Paragraph 58 of Practice Direction No. 1 of 2025 requires that adjournment applications of a listed hearing date be made at the earliest opportunity, and at least 3 days before the listing date, via the Electronic Filing Appearance System on the court’s website.

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    • Item icon Summary hearing
      It is uncommon for opening addresses to be given in summary hearings, indeed leave of the court is required to do so: s 59 of the Criminal Procedure Act 2009. If any openings are given, they are usually restricted to the prosecutor briefly outlining the nature of the allegations and the ...

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    • Item icon Court attendance sheet
    • Item icon No case to answer
      A no case to answer submission at the close of the prosecution case is a question of law. An example of where it may arise is where the prosecutor has not adduced any evidence about one of the elements of the offence. When the magistrate is considering the question of whether there is a no case to ...

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    • Item icon Defence case
      See ss 66-71 of the Criminal Procedure Act 2009. After the close of the Crown case and any no case to answer submissions, the accused can then call evidence. The accused or their representative may make an opening statement, with leave of the court, although it is unlikely that this will occur.

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    • Item icon Costs and the Appeal Costs Act
      At the outset it should be said that costs orders against the prosecution have notoriously been hard to get. Section 401 of the Criminal Procedure Act 2009 gives a magistrate complete discretion as to the awarding of costs. Section 401(2) provides that the court:

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    • Item icon Letter to client found guilty - Adjourned for sentence
  • Folder icon F. Indictable matters - Pleas of guilty and not guilty
    • Item icon Process for the indictable stream
      Filing hearing For matters proceeding in the indictable stream, the matter is first listed for a filing hearing.

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    • Item icon Filing hearing
      For matters proceeding in the indictable stream, the matter is first listed for a filing hearing. If the client has been arrested and either remanded in custody or granted bail, the filing hearing must be held within 7 days after the charge-sheet is filed, or if the client has been charged on ...

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    • Item icon The hand-up brief
      Section 110 of the Criminal Procedure Act 2009 provides that a hand-up brief must contain:

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    • Item icon Committal mention
      The committal mention is an opportunity to:

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    • Item icon Committal hearing
      See Part 4.7 of the Criminal Procedure Act 2009. It is very unusual for an accused person to be discharged at committal. Unless the prosecution case is fatally flawed, this should not be the intention and the client should not be advised that discharge is likely. Rather, the committal hearing ...

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  • Folder icon G. Sentencing options
    • Item icon Legislation
      Legislation governing this area of law includes:

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    • Item icon Purposes
      The purposes of sentencing are set out in s 5. These purposes provide the framework for submissions on a plea. Everything put to the magistrate should be directed to one or more of the following:

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    • Item icon What the court considers
      Section 5 of the Sentencing Act 1991 sets out the matters which a court is to consider when imposing sentence, which are the matters which should be addressed on a plea:

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    • Item icon Non-custodial sentences
      Deferral of sentencing If the client pleads guilty and the court is of the opinion that sentencing should, in the interests of the client, be deferred – and the client agrees – the magistrate may defer sentencing for up to 12 months. It is usual for a deferral to be sought if the client has ...

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    • Item icon Custodial sentences
      Division 2 of Part 3 of the Sentencing Act 1991 provides for offences that attract mandatory custodial sentences and the requirements for non-parole periods and concurrent or cumulative sentencing. A court must not impose any sentence that involves confinement of the person unless it ...

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    • Item icon After sentence has been imposed
      The role of a defence lawyer does not end after making submissions on sentence, nor when the bench passes sentence. The outcome needs to be explained to the client, as well as the decision, the sentencing outcome, and the implications. If the client has been placed on an adjourned undertaking or a ...

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  • Folder icon H. If required - Appeals
    • Item icon Appeals to the County Court
      An accused has the right of appeal to the County Court from the Magistrates' Court, against conviction or sentence: s 254 of the Criminal Procedure Act 2009. See Order 3 of the County Court Criminal Procedure Rules 2019. Leave to appeal is required from the County Court for an appeal ...

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    • Item icon Notice of appeal
  • Folder icon I. Finalising the matter
    • Folder icon If required - Legal practitioner ceasing to act
      • Item icon Legal Practitioner Ceasing to Act
    • Item icon Letter to client after sentence - Select outcome
    • Item icon Letter to client after sentence - Insert outcome
    • Item icon Letter to client finalising the matter and confirming outcome of plea
    • Item icon Letter to client found not guilty
    • Item icon Letter to client - No charges following attendance at police station
    • Item icon Letter to police after no charges for the return of client's property
    • Item icon Letter to police after client found not guilty for return of client's property
    • Item icon Letter to client finalising the matter
    • Item icon Enclosure - Information sheet on criminal records of employees
    • Item icon Example invoice incorporating notification of client's rights - VIC
    • Item icon Invoice recital - Criminal
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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