What is the Magistrates Court of Victoria?
The Magistrates Court is the lowest level court in the Victoria hierarchy of courts. Two types of judicial officers sit at the Magistrates Court, Judicial Registrars and Magistrates. Judicial Registrars will often deal with traffic matters whilst Magistrates will deal with the more serious matters that come before the court. Both charges for summary offences and indictable offences triable summarily, can be heard at the Magistrates Court.
Magistrate Court Lawyers
Dribbin & Brown Criminal Lawyers appear most days in the Magistrates’ Courts all over Victoria. We have criminal law offices in the Melbourne CBD, Ringwood, Dandenong, Moorabbin, Frankston, Broadmeadows, Werribee, Geelong and Ballarat areas. We also appear in the northern suburbs and, more often than not, in the Heidelberg Magistrates’ Court.
If you have a matter listed in the Magistrates’ Court, Dribbin & Brown Criminal Lawyers can help you. Having offices near, and attending most of the local Magistrates’ Courts daily gives our lawyers an edge. It means that we understand the courts, the Magistrates who sit there and the prosecutors and court staff who work there.
Local Magistrates Court Knowledge
Being so connected to these courts helps us understand the system and makes it easier to get things done. It also means that our lawyers are very comfortable appearing at these courts. Combined with the breadth of knowledge at Dribbin & Brown Criminal Lawyers, we are ideally positioned to help you as a law firm.
For information on the processes and various hearing types that occur at the Magistrates’ Court, see here, or to look up your case, click on the EFAS link.
The Magistrates’ Courts in Victoria handle over 225,000 cases per year, and this number is rising due to the changes to the bail laws, resulting in many defendants being prematurely locked up.
Commonly asked questions about the Magistrates Court:
Can you go to jail in the Magistrates’ Court?
- The answer is yes. Defendants can go to prison when attending the Magistrates Court in Victoria, but it is also fair to say, competent legal representation can reduce the risks.
What is the maximum penalty that can be handed down in the Victorian Magistrates Court?
- The maximum penalty that can be handed out in the Magistrates’ Court of Victoria on a single charge is 2 years but, on multiple charges, the maximum sentence that can be imposed increases to 5 years.
- It doesn’t matter if the charges carry a higher maximum penalty, a Magistrate sitting in the magistrates court only has the power to impose the above penalties. As an example if the maximum penalty of a charge was only 1 year, this would still be the maximum sentence that a Magistrate can impose but a Magistrate can’t go over 5 years in total.
- In relation to maximum imprisonment, the relevant legislation is found at s113B of the Sentencing Act. In relation to the maximum financial penalty a Magistrate can impose is 500 penalty units. The relevant legislation is found at s112A of the Sentencing Act in relation to fines.
What cases can be heard in the Magistrates’ Court?
- Only cases that have a maximum penalty of 10 years or under can be heard in the Magistrates’ Court of Victoria. The only exceptions to this rule are found in schedule 2 of the Criminal Procedure Act 2009.
- If the charge is an indictable offence that appears in this section, it means that it is an indictable offence that can be heard summarily and is an offence that can be heard in the Summary Jurisdiction of the Magistrates’ Court of Victoria.
- If a Magistrate forms a view that the matter is too serious to be heard in the Magistrates Court, the magistrate may request the defence to make an application for summary jurisdiction to determine whether the case should be uplifted to a higher court.
What is a Mention at the Magistrates Court?
- For a very detailed explanation of what is a mention in the Magistrates Court, follow the link.
Can I have a jury trial in the Magistrates’ Court of Victoria?
- Matters that are heard in the Magistrates’ Court of Victoria will only ever be heard by a single Magistrate; there are no jury trials that occur in the Magistrates’ Court of Victoria. Jury trials are heard in the County Court or Supreme Court of Victoria. Click here for more information on jury trials in the County Court.
Do I need a Lawyer to Represent me in the Magistrates Court?
- Yes, it is always a good idea to have a lawyer with you when attending the Magistrates Court. If you attend court by yourself, you will have no one representing your interests. At court the Magistrate or Judicial Registrar will be informed by the prosecutor about the law and any submissions on penalty. If there is no there representing your interests there is a real danger that you will not obtain a just outcome.
What Happens if I Miss My Court Date?
The Magistrate can do one of three things;
- Proceed to sentence you in your absence
- Adjourn the matter in your absence
- Issue a warrant for your arrest
It is important that you do not miss your court date.
Can I appeal a decision in from the Magistrates Court?
- Yes you can appeal a decision imposed by a Magistrate but certain time limits apply, it is important that you engage appeal lawyers to get advice. For more information on appealing a sentence from the Magistrates Court.
Are you facing charges in the Magistrates Court of Victoria? If so you should call Dribbin & Brown Criminal Lawyers today, so that we can assess how we can best help you.
