If you’ve been charged with a criminal offence in the summary stream, whether minor or serious, you’ll need to attend a court mention. This is also sometimes called a directions hearing in civil cases, but in relation to criminal proceedings a mention is always called a mention. So, what is a mention hearing in the Magistrates’ Court of Victoria?
This is the first hearing type in relation to a summary court proceeding at the Magistrates Court, wherein the parties, usually the defence, will inform the court how the matter is proceeding.
What does ‘mention’ mean in court?
In everyday terms, to ‘mention’ something means to refer to it briefly without going into detail, which captures the purpose of a mention hearing in court: it’s a chance to give the court an update on the case without delving into specifics. The Criminal Procedure Act cites court mentions in Section 53, but it doesn’t actually define them-the legislation only outlines what can be done during one.
What happens after a mention in court?
After a court mention in the Magistrates’ Court of Victoria, possible outcomes include:
- Guilty plea: Proceeds to plea hearing for sentencing
- Not guilty plea: Adjourned for contest mention or contested hearing
- Further mention: Adjourned to another mention allowing time for preparation or negotiations.
- Case conference: Scheduled for detailed discussion with the prosecution
- Committal proceedings: A magistrate can refuse jurisdiction in relation to indictable offences, ie refuse to hear the matter because it is too serious for the Magistrates Court.
- Sentence indication: Matter adjourned for this purpose
- Diversion hearing: Matter adjourned for this option
- Bail application: Matter adjourned for this process
- Adjourned for various reasons: Further mention, case conference, or other purposes.
These are just some of the things that can happen after a mention hearing in the Magistrates’ Court of Victoria and reflect all the different hearing types that a matter can be adjourned to from a mention hearing, if the matter does not finalise.
If you have to attend a mention in the Magistrates’ Court in regard to a criminal matter, you should contact a lawyer to seek legal advice so you are informed about what might happen in relation to your case.
Can you get sentenced at a Mention?
- Yes you can be sentenced at a mention, if you attend court with the intention of pleading guilty and if the magistrate is prepared to hear the matter.
- You can get also get sentenced at a mention even if you are trying to get an adjournment, but this will depend on many things. Like whether the matter has been adjourned before, whether a warrant has previously been issued or whether the matter relates to a type of offence that is fast tracked. There are a myriad of reasons why a magistrate might insist on hearing a matter and sentence you, even in circumstances where you are not represented.
- So at your mention, when you ‘mention’ to the magistrate that you want an adjournment for whatever reason, it is important to understand that the magistrate can say no.
- In those circumstances a magistrate can read the charges to you and the prosecutor can read the summary of facts to you and if you accept the facts and charges, a magistrate can sentence you on that day.
- If you are not accepting the charges or the facts alleged against you, then a magistrate, in most circumstances, should adjourn the matter for a Contest Mention or a Contested Hearing, short of trying to hear the contested matter then and there, which could only be done regarding a simple matter. But if you are unrepresented, this is not a great situation either, as there are things that need to be considered before you adjourn off to these hearing types.
What does this all mean? If you have a mention coming up, get a lawyer. Court can be a scary place, and you never know which magistrate you are going to draw, so be prepared and engage experienced criminal lawyers, ones who are local to the court and understand how things work. The ramifications for your life could be severe.
Do you have to attend a mention hearing?
It is likely you will have to appear, but it may be the case that your lawyer can appear in your absence, the important questions are,
- Are you on bail?
- Has the matter been adjourned before?
- Is it an indictable or summary offence?
The bottom line is, if you do not turn up, the magistrate may issue a warrant or sentence you and give a court order with a harsh penalty. So make sure you engage competent criminal lawyers to assist you.
What is a committal mention?
A mention in the Magistrates’ Court of Victoria is an initial court appearance for both summary and indictable offences, primarily focused on outlining the next steps, resolving cases through guilty pleas, or scheduling future hearings.
In contrast, a committal mention specifically pertains to indictable offences and is part of the committal process, which assesses whether there is sufficient evidence for the case to move to a higher court. It occurs after a filing hearing (the first Court hearing in the committal process) and before a full committal hearing aimed at preparing the case for trial or resolution. The committal mention is the equivalent of a mention in the magistrates court, it just relates to far more serious matters.
How can Dribbin & Brown help?
Our team has in-depth knowledge of the intricacies involved in court mentions in Victoria. We provide detailed advice on the implications of different plea options, ensuring you make informed decisions.
Skilled Negotiations
Our lawyers represent you in negotiations with prosecutors, advocating for your best interests. We prepare all necessary documentation and court submissions, ensuring your case is presented effectively.
Informed Decision-Making
We explain your case’s potential outcomes and advise on the best course of action. We also ensure you’re fully informed about your legal rights and available options throughout the process.
Versatile Legal Support
Our representation extends to various proceedings, including bail applications and diversion hearings. We work tirelessly towards achieving the best possible results for your case.
Contact us today
Don’t face the complexities of a criminal charge alone. Contact Dribbin and Brown Criminal Lawyers today for expert legal support tailored to your specific situation. Our dedicated team is ready to provide the professional representation you need to protect your rights and secure your future.
