Types of criminal charges
Most of your clients will have their charges listed in the Magistrates’ Court. The Magistrates’ Court deals with summary offences and some indictable (more serious) offences that may be heard summarily. This includes most drug offences, many assault-related offences, breaches of intervention orders, theft and other property offences with a value up to $100,000.
If your client has a matter listed in the County Court or Supreme Court, they will often be remanded in custody and will probably have Victoria Legal Aid (VLA) or a private criminal lawyer acting for them already. Matters listed in these courts (referred to as indictable matters) are almost always eligible for casework funding from Victoria Legal Aid, provided that the client satisfies VLA’s means test. So, if the client is yet to find representation, a referral can be made to VLA or a criminal law firm of their choice. It is always worthwhile obtaining the client’s permission to touch base with their criminal lawyer even if the client is in custody, so the lawyer is aware of your involvement. If you aren’t sure where your client’s matter is listed a short legal consult should help you clarify when and where a matter is being heard.
Summary offences
Summary offences are offences heard in the Magistrates’ Court.
Charges for summary offences must be laid within 12 months of the alleged offence being committed.
Many summary offences (such as traffic offences) are dealt with without going to court, through the infringement notice system.
Indictable offences
An indictable offence/charge is a serious crime that is generally heard before a judge and jury in the County Court or the Supreme Court in a criminal case. Examples of indictable offences include assault and armed robbery.
Charges for indictable offences can be laid at any time.
How do you know your client has been charged?
You can try searching the online court lists: Magistrates’ Court matters are listed on Electronic Filing and Appearance System (EFAS):
Certain information is available on the Magistrates’ Court listings website, referred to as EFAS.
An EFAS search will 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 case number(s)
- The type of hearing (i.e. mention / plea guilty / hearing)
EFAS will not tell you:
- Whether the client is on bail or summons
- Whether the matter has been adjourned previously
You can find this information on the client’s Charge Sheet (see below). If the client doesn’t have their Charge Sheet and you need this information, you will need to contact the Criminal Co-ordinator at the relevant Magistrates’ Court. County Court matters are listed on Court Connect.
Where a client is unsure and the above enquiries don’t clarify the situation, contacting police or courts or legal assistance will generally help.
Questions you can ask your client:
When you confirm that your client has a criminal law matter, there is information that will be helpful to have before making a legal referral. You may not have all the answers to the questions but it is a good starting point for making a legal referral.
- What date do you need to appear at Court?
- What Court do you need to appear at?
- Do you have a criminal lawyer acting for you? (or a lawyer who normally acts for you)
- Are you on bail or summons?
- If on bail, do you have any bail conditions? (i.e. curfew, reporting to a Police station)
- What paperwork do you have in your possession? Charges, brief of evidence, record of interview?
My client has been asked to attend a Police station for an interview or to execute a warrant: should they speak to a lawyer first?
If your client is suspected of committing a crime and is asked to attend an interview with Police, you should encourage them to contact a lawyer for advice prior to the interview commencing. Police are obliged to inform an accused person of their right to speak to a lawyer, and to give them the opportunity to call Victoria Legal Aid or the Victorian Aboriginal Legal Service (or another lawyer) in private prior to the interview commencing.
Police have several powers and accused persons have several rights and some obligations in the context of a criminal investigation. If you client is unsure of their rights and obligations when dealing with the Police, Victoria Legal Aid have very useful publications in plain language that can be viewed online or requested in hard copy.
If your client has an outstanding warrant and would like advice before arranging to have it executed, they should speak to a lawyer.
My client was arrested and interviewed but hasn’t been charged yet. What’s happening?
It is common for a person to be charged several months (or sometimes years) after they are interviewed or apprehended by Police. In most cases involving minor offences and driving offences, the Police have 12 months to file charges. For some more serious offences, there is no time limit.
So, if the Police arrest your client and release them pending further investigation or “pending summons”, a charge and summons might arrive several months later. If the client doesn’t have a stable address, they may give their phone number to Police so they can be located to receive the charges. If the Police are unable to locate them, they may issue a warrant, which will flag next time they encounter Police.
Once your client receives their charges and court date, this is the time to look into finding legal representation.
My client can’t afford a lawyer. Are they eligible for free representation?
The options available to your client facing charges in the Magistrates’ Court will depend on whether they are eligible for casework funding from Victoria Legal Aid (VLA). This assessment can be complicated, and in some cases is not able to be made until a lawyer views the brief of evidence.
If the client is eligible for VLA funding, they can choose who they would like to represent them (i.e. VLA or a private lawyer who does legal aid work). If they have a usual or preferred lawyer, the lawyer can be contacted prior to the court date and can make an assessment regarding the availability of VLA funding.
If your client does not have a usual lawyer, contact VLA to make an appointment (if available ahead of the court date) or the client can attend on the duty lawyer at court.
Unfortunately, many people facing charges in the Magistrates’ Court are not eligible for VLA funding, including most people charged with driving offences. These people may be eligible for:
- VLA duty lawyer assistance (at court on the day)
- Representation by Homeless Law’s criminal lawyer (if eligible)
- Representation or advice from their local community legal centre (depending on their location)
