Criminal court process: A guide

Magistrates’ Court

• How do I check the details of my client’s criminal matters in the Magistrates’ Court?

  How do I check the details of my client’s criminal matters in the Magistrates’ Court?  

  Certain information is available on the Magistrates’ Court listings website, referred to as the Electronic Filing and Appearance System (EFAS). 

  An EFAS search might be able to tell you:  

  • The client’s court date(s)  
  • Which Magistrates’ Court they need to go to  
  • The name and organisation/station/rank of the Informant (the police officer who issued the charges) 
  • The case number(s)  
  • The type of hearing (i.e. mention / plea guilty / hearing)  

   

  EFAS will not tell you:  

  • Whether the client is on bail (and if there are any bail conditions they need to comply with) 
  • Whether the matter has been adjourned previously 

   

  Searching EFAS 

  Go to ‘case search’ and select ‘criminal list’. In ‘defendant / accused / respondant’ enter your client’s surname, followed by a comma, and then the first initial of their first name (e.g. Smith, R) then ‘search’.  

  Sometimes matters don’t show up on EFAS. If your EFAS search doesn’t show any listing, and your client has said they have charges pending, you should ask your client if they have any additional information: 

  • They may have received paperwork off police – a ‘Charge Sheet’ should indicate the first listing date and venue for a matter.  
  • If the client knows the Police Station where they were charged at, it may assist to speak with officers at that station and they might be able to provide additional information including a hearing date.  
  • It may also assist to call the local Magistrates’ Court and provide the client’s name and date of birth to confirm any hearing date. 
  • It may also assist to make a referral to a lawyer at this stage.
• Procedure and timeframes in the Magistrates’ Court

  Charges are generally filed in the Magistrates’ Court nearest to where the alleged offence occurred. 

  The first hearing is called a first mention. This is the date listed on the client’s Charge Sheet under the heading “Where the case will be heard”. If the first mention date has passed, the client may have adjourned their matter. You can check the new date on EFAS. If the client failed to attend their court date and the matter is no longer appearing on EFAS, it may have been heard ex-parte (in your client’s absence) or the Magistrate may have issued an arrest warrant. 

  The prosecuting agency (which is usually the police, but could be a local council or Corrections Victoria) will prepare a Preliminary Brief, which may only contain a summary of the allegations, the charges and the client’s prior convictions. Sometimes this is given to the accused person when they are served with the charges. More commonly, it is available for collection at court on the first mention date. The Preliminary Brief is often missing key pieces of evidence that a criminal lawyer will need in order to provide the client with advice (i.e. witness statements, CCTV footage). For this reason, the lawyer will normally wait to take instructions / provide advice until this material is received.  

  There are a number of reasons why an adjournment may be required (i.e. to find a lawyer, to request materials). The adjournment period in the Magistrates’ Court is generally 4 weeks. Everyone is entitled to one adjournment (i.e. from the first mention date) without providing a reason. If the client is on bail, they must attend court, even if the plan is to request an adjournment. If the client is on summons, they should attend court to request the adjournment unless their lawyer or the court advise them otherwise.  

  If the client is pleading not guilty, the matter may be listed for contest mention or contested hearing. The delay to contest mention or contested hearing will depend on which Magistrates’ Court the matter is listed at. The current delay from mention to contest mention at the Melbourne Magistrates’ Court is approximately 8 weeks. A person pleading not guilty can expect to attend court at least 3 times over a period of at least 4 months (probably more). 

  On the day of court 

  There are a number of things you can do to support your client on the day of court. If you are able to attend court with them that can be particularly helpful. You be able to provide emotional support and guidance to help clients navigate what will, no doubt, be a stressful day for them. Generally, this will help them to put their best foot forward and can lead to significantly better results at court. Magistrates will also appreciate this and your support will often be taken into account by them in their decision making. Some information that can be helpful to provide to clients in advance of court includes: 

  • They should attend court on time and let  court staff know they are there.  
  • It is important to be mindful that the actual hearing time is not necessarily the time listed on EFAS. You may need to wait some time for your client’s matter to be heard.  Often, the matters will need to be adjourned to a later date. It can pay to make your client aware of these things before court to help manage their expectations.  
  • Family violence matters, however, can be fast tracked. Where clients are charged with family violence related offences it is important to make a legal referral early. 
• Different court programs

  There are different court programs that might be available for your client. Example of those include: 

  • CISP (Court Integrated Services Program) – bail support  
  • ARC list (Assessment and Referral Court) – clients with acute mental health or cognitive issues  
  • Drug Court – clients with complex drug issues likely to receive a term of imprisonment  
  • Koori Court – for Aboriginal or Torres Strait Islander clients  

   

  Court staff, Police prosecutors, lawyers, Magistrates and even support workers can refer clients into different court programs where appropriate. 

Character Reference for Magistrates Court

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