Contest Mention

What is a Contest Mention?

In Victoria, a contest mention is a preliminary hearing that usually occurs prior to a matter being booked in for a contested hearing or plea of not guilty in the Magistrates’ Court of Victoria. It is typically the second hearing following the initial mention and is considered a preliminary hearing, which occurs when charges are being disputed.

The purpose of the contest mention is to identify the main issues in dispute, clarify the evidence, and explore the potential for resolution prior to the matter proceeding to a contested hearing. Contest mention is referred to in s55 of the Criminal Procedure Act 2009.

Contest mentions are convened in a separate list in the Magistrates Court of Victoria. 

What happens at a Contest Mention?

A contest mention covers several important aspects of case preparation and court proceedings, including:

• Time estimates: The court will estimate the time required for a contested hearing, which may range from half a day to a full week, depending on the number and availability of witnesses. The magistrate will be guided by the defence and the prosecution in relation to making this assessment. 

• Witness requirements and availability: In relation to contested matters, discussions will focus on which witnesses are needed, whether they are available, and any scheduling considerations, such as whether remote witness facilities or an intermediary is required?

• Assessment of the evidence: The magistrate will often ask the parties to identify the issue or issue’s in dispute. It is at this point that a well prepared defence lawyer can highlight the prosecution case weaknesses. This can put pressure on the prosecution to withdraw the charges.

• Funding and representation: The court will often enquire whether there are any issues with funding, particularly when the matter is being adjourned for a contested hearing. If issues are raised, the magistrate might set down a special mention prior to the date of the hearing to confirm funding has been secured. 

• Disclosure of all relevant evidence: In some circumstances the prosecution may not have provided all of the requested evidence to defence. This can be because of inadvertence; because it doesn’t exist or because the prosecution refuse to provide it on a legal basis. The contest mention is an opportunity for your defence lawyer to raise any of these issues with the magistrate and request that the magistrate make an order for compliance regarding any reasonable request for relevant materials. 

• Ensuring that all of the evidence has been provided is the cornerstone of effective cross-examination. Exposing inconsistencies during cross-examination can significantly challenge the credibility of the witness and strengthen the defence case. Often, certain records, like SOCIT Interpose entries in sex offence cases, are not included in the police brief and must be specifically requested by your defence lawyer. These types of materials can be the different between being found guilty or not guilty. This is where is it very important to engage specialist criminal lawyers, as many generalist lawyers don’t know what evidence they don’t have, until it is too late. 

• Additional relevant matters: The contest mention also allows the defence to raise any other relevant issues with the magistrate to assist in the case.

While it was once common for the informant (the investigating police officer) to attend contest mentions, this practice has become less frequent.

Preparation before a contest mention

Before the contest mention, your lawyer will review the brief of evidence, assess any interviews, and take detailed instructions from you. This preparation ensures that all relevant information is effectively presented to the magistrate, setting the case on the best possible path.

What can happen at a Contest Mention?

At a contest mention, the case may proceed in one of several ways, depending on the circumstances and instructions provided. The possible outcomes include:

• Plea of guilty: If the matter resolves at the contest mention, it can proceed as a plea of guilty.

• Sentencing Indication: If the matter has not yet resolved but you have provided instructions to seek a sentencing indication, the court may provide an indication of the likely sentence if a guilty plea were entered.

• Adjournment: The matter may be adjourned to a further contest mention if more time is needed for preparation or negotiation.

• Contested Hearing: If the matter cannot be resolved at the contest mention and remains in dispute, it will be scheduled for a contested hearing where evidence and arguments will be presented.

What will your lawyer do at a contest mention?

A variety of things can occur at the contest mention:

• Your lawyer will discuss the weaknesses of the case with the prosecutor to attempt to get the charges withdrawn. This is always the first prize for any criminal lawyer as it saves the client, time, money, and further stress by not proceeding to a contested hearing.

• In suitable cases, your lawyer may highlight the strengths of the defence to the Magistrate, which can increase pressure on the prosecutor to consider withdrawing the charges.

• Your lawyer may work with the prosecutor to narrow the contested issues. This can sometimes result in the withdrawal of certain charges early on, reducing both hearing time and potential risks down the line.

• If necessary, your lawyer may identify missing evidence and request that the magistrate order the prosecution to produce it by a set date. Alternatively, your lawyer may subpoena this material.

• Your lawyer may clearly outline the legal issues to the magistrate. If the magistrate is on board regarding the futility of the prosecution case, this can lead to the magistrate applying pressure on the police to reconsider the merits of proceeding. This can happen in circumstances where the magistrate has formed a view that prosecution has very little chance in successfully prosecuting the matter.

Each of these steps aims to strengthen the defence and improve the case’s potential outcome, whether through resolution or preparation for a contested hearing.

What can happen after a contest mention?

After a contest mention, the matter can proceed in one of several ways:

1. Adjournment for a contested hearing: If the case remains unresolved, it may be adjourned for a contested hearing.

2. Proceeding with a sentencing indication: In some cases, seeking a sentencing indication may be beneficial, particularly if the evidence against the accused is strong. This option allows the defence lawyer to address inconsistencies in the police summary and enables the Magistrate to indicate the potential sentence if a guilty plea were entered at this stage. For some accused persons, this may offer a path toward a more lenient outcome. Importantly, a criminal defence lawyer should not exert pressure on a client to plead guilty, even if a lenient sentence is likely.

3. Adjournment for a further contest mention: Occasionally, a matter may be adjourned to another contest mention, but there must be compelling reasons for this, as Magistrates generally prefer to avoid further delays. Justifiable reasons for adjournment might include:

   • Funding issues: If funding arrangements are not yet finalised.
   • Prosecution delays: If the police are unprepared or have not provided requested evidence. In such cases, the defence may also seek costs due to the delay.

Each of these options provides different pathways depending on the case’s progress, the strength of the evidence, and any outstanding issues.

How long does a Contest Mention take?

A contest mention typically lasts 5-10 minutes in court, but the preparation beforehand is crucial. Skilled negotiation can often lead to a highly favourable outcome. Engaging criminal lawyers who regularly appear in the local Magistrates’ Court can be advantageous, as their familiarity with the prosecutors, court staff, and Magistrates often enhances their ability to achieve the best possible result at a contest mention.

Does my matter have to go to a Contest Mention?

Not always. In straightforward cases where there is little chance of resolution, it may be possible to schedule the matter directly for a contested hearing, bypassing the contest mention. However, experienced criminal lawyers rarely recommend this approach, as it can miss an opportunity to obtain further disclosure or apply additional pressure on the prosecution to consider alternative outcomes.

Do I have to attend the contest mentioned?

Yes, in almost all cases, an accused person must attend a contest mention whether you are on bail or not. The legislation at s55(4) of the Criminal Procedure Act 2009 makes it plain you must attend. But if you are unable to attend, it is crucial to engage a criminal lawyer well in advance to explore any alternative arrangements, which might include reporting to another court or appearing via video link. Failure to appear may result in a warrant being issued for your arrest or risk having the matter dealt with in your absence.

A contest mention is a technical and important stage in the summary criminal trial process, with various potential outcomes and risks. Because of this, it is highly advisable to have a lawyer represent you.

Why engage an experienced criminal lawyer?

Working with a lawyer who specialises in criminal law and has extensive experience with contest mentions can make a significant difference in your case. Lawyers familiar with the local court system, magistrates, and prosecutors are often better positioned to negotiate effectively and prepare for a successful outcome, which may impact whether you are ultimately found guilty or not guilty.

If you have an upcoming contest mention, contact our office today to discuss how our experienced criminal lawyers can assist you.