Types of Hearings in Criminal Proceedings

Mention In the Magistrates’ Court, all summary matters begin as a mention hearing. This is the first date on which the matter is listed before the court. If the accused pleads guilty the matter can be heard and determined at the mention hearing. Contest Mention A hearing where all parties and the magistrate try to […]

A guide to common legal terms – Legal glossary

Legal glossary Developed in consultation with lawyers and law dictionary editors, this plain language glossary explains more than 450 common legal terms. Legal professionals can use it in their work with clients and members of the public. [pdf-embedder url=”/wp-content/uploads/Legal-glossary.pdf”]   Source: victorialawfoundation.org.au

Criminal Proceedings, Traffic Offences, Fines at Magistrates’ Court Victoria

Criminal Proceedings The criminal jurisdiction of the Magistrates’ Court of Victoria hears and determines all summary offences and some indictable offences. The Court also conducts committal hearings in relation to serious indictable offences that must be finally determined in the County or Supreme Courts. Traffic Offences The Magistrates’ Court of Victoria hears and determines many […]

The postcodes where half of Victoria’s prison population comes from

A new report into Victoria’s corrections system by the Victorian Ombudsman has found nearly one in two prisoners return to jail within two years of release. Ombudsman Deborah Glass said drastic reform of the corrections system is needed, with more focus on tackling the cause of crime and more services and programs for prisoners in […]

Half of prison population comes from six suburbs Victoria (Australia)

The prison system is failing to make Victoria a safer place, with nearly one in two prisoners returning to jail within two years of release, a report has found. There are  calls for a drastic reform of the corrections system, with more focus on tackling the cause of crime and more services and programs for prisoners in jail. Ombudsman […]

New statutory definition of rape in Victoria

For offences committed on or after 1 July 2015, the mental element for rape is that the accused “does not reasonably believe” that the person consented to the penetration. This can be achieved by showing that: The accused knew or believed that the complainant was not consenting; The accused did not believe that the complainant […]

Assault Crimes Act 1958 – SECT 31 Victoria Australia

Assault is an indictable common law offence in Victoria (R v Patton [1998] 1 VR 7). In Victoria, a person may also be charged with assault under s31 of the Crimes Act 1958. Also known as unlawful assault, common assault There are two types Assault Involving the Application of Force Assault Not Involving the Application of […]

Sexting & the Law

A new Bill introduced by the Liberal State Government on the 20th of August 2014 has moved to amend the law governing the distribution of ‘intimate images’ through mobile devices. In particular, the changes will affect minors who engage in consensual ‘sexting.’ Previously, youths convicted of sexting – even where the other party was another […]

Sex offender Register laws to be bolstered

Police would be allowed to share the identity of a registered sex offender with the caregivers of a child they believe is at risk of sexual abuse, under a Napthine government proposal to bolster laws governing sex offenders. Sex offenders also face new reporting obligations for when they travel, stricter time frames for notifying police […]

What is serious crime?

A serious crime is characterised by one or more of the following factors: serious offences against persons, property or government organised criminal activity significant political or public interest crimes with are multi-jurisdictional and/or transnational in nature investigations which involve a large number of documents or exhibits investigations which require the commitment of substantial funding or […]