Being charged with an indictable offence is a serious matter that requires careful preparation and a clear understanding of the legal process. If you or a loved one is facing such charges in Victoria, it is crucial to know your rights, the steps involved in the legal proceedings, and how to effectively prepare for court. The right legal representation and a strategic approach can significantly impact the outcome of your case.

This guide outlines the key steps to take if you are charged with an indictable offence, how to prepare for court, and the legal resources available to support you.

Understanding Indictable Offences

In Victoria, indictable offences are serious criminal charges that typically carry significant penalties, including imprisonment. These cases are heard in the County Court or Supreme Court, although some less severe indictable offences can be heard in the Magistrates’ Court under certain conditions.

Examples of Indictable Offences

• Theft
• Drug trafficking
• Sexual offences
• Dangerous driving causing serious injury
• Murder

Your charge sheet will indicate whether your offence is indictable in the ‘Details of the charge’ section.

Essential Steps to Take

1.       Attend Court as Required

If you have been charged, it is crucial to attend all scheduled court hearings. Failing to appear can result in a warrant for your arrest. You must attend court if:

• You have been charged by the police.
• You have received a summons.
• You are on bail or in custody (you may attend via video conference if applicable).

Court proceedings for indictable offences can take several months, involving multiple hearings.

2.       Seek Legal Advice Immediately

Engaging a criminal defence lawyer early in the process is essential. A lawyer can:

• Explain the legal process and your rights.
• Assess the strength of the prosecution’s case.
• Negotiate potential plea deals.
• Represent you in court and advocate for the best possible outcome.

Even if you intend to plead guilty, legal advice can help reduce the severity of your sentence. Duty lawyers are not available in higher courts, so obtaining legal representation is crucial.

3.       Understand the Magistrates’ Court Process

If your case begins in the Magistrates’ Court, it may involve the following steps:

Filing Hearing

The first stage where the magistrate sets deadlines for the prosecution to provide the hand-up brief, which includes:

• Witness statements.
• Your police interview record.
• The date of your next court appearance.

Committal Mention Hearing

At this stage, the magistrate will ask whether you intend to plead guilty or not guilty. The outcome depends on:

• The strength of the prosecution’s case.
• The need for further preparation.
• Any negotiations between your lawyer and the prosecution.
• If you plead guilty, the magistrate may decide your penalty or refer your case to a higher court.
• If you plead not guilty, the magistrate may schedule a contested committal hearing where the prosecution’s evidence is examined.

Contested Committal Hearing

This hearing allows your lawyer to cross-examine prosecution witnesses. The magistrate will then determine if there is sufficient evidence for your case to proceed to the County Court or Supreme Court.

Preparing for Trial in Higher Courts

Indictment and Pre-Trial Proceedings

If your case is committed to a higher court, you will receive an indictment, which formally lists the charges against you. The court may then schedule:

• A directions hearing, where procedural matters are addressed.
• A plea hearing if you decide to plead guilty.

Plea Hearing (If Pleading Guilty)

If you choose to plead guilty, the court will consider:

• The prosecution’s case and evidence.
• Any mitigating factors presented by your lawyer.
• Sentencing options such as fines, imprisonment, or alternative penalties.

Trial (If Pleading Not Guilty)

If you plead not guilty, your case will proceed to trial before a judge and jury. The prosecution must prove the charges beyond a reasonable doubt. The jury will then decide whether you are guilty or not guilty.

• If found guilty, a plea hearing will be scheduled to determine sentencing.
• If acquitted, you will be released, and the case will be closed.

Next Steps After a Verdict

Can You Appeal?

If you disagree with the verdict or sentence, you may have the right to appeal within 28 days. Common grounds for appeal include:

• A wrongful conviction.
• An excessively harsh sentence.

It is essential to seek legal advice before filing an appeal, as unsuccessful appeals can result in increased penalties.

Key Legislation

Understanding the laws surrounding indictable offences is critical. Relevant legislation includes:

1. Crimes Act 1958: Governs serious criminal offences, including offences against the person, property crimes, and fraud.
2. Sentencing Act 1991: Outlines sentencing principles, factors considered in sentencing, and the types of penalties that may be imposed.
3. Bail Act 1977: Regulates bail applications, conditions for granting bail, and circumstances under which bail may be denied.
4. Criminal Procedure Act 2009: Sets out court procedures for criminal matters, including rules for hearings, trials, and appeals.

Resources and Support

1. Victoria Legal Aid: Provides free legal advice and assistance for eligible individuals.
2. Fitzroy Legal Service: Offers community-based legal assistance and advice.
3. Law Institute of Victoria: A professional association that provides legal referrals and resources.
4. Victims of Crime Helpline: Provides support and information for victims of crime. Call 1800 819 817.

Conclusion

Facing an indictable offence is an overwhelming and complex experience but understanding the legal process and taking the right steps can make a significant difference. Having a knowledgeable and experienced legal team by your side can help you navigate the system, protect your rights, and work towards the best possible outcome. Being proactive, prepared, and well-informed is essential in achieving a fair resolution to your case.

If you or a loved one is facing an indictable offence, securing legal guidance early is essential. Pentana Stanton Lawyers provides expert defence strategies and dedicated representation. Our experienced team will guide you through each stage of the legal process, ensuring you understand your rights and options.

Contact us today for a confidential consultation.