If your case is listed for further mention, you should expect to appear in court, even if you are summoned. This is the first hearing in criminal cases. If you intend to plead guilty, the case can usually be heard and decided at a commendation hearing. If you intend to plead not guilty, a bailiff will adjourn your hearing for a challenge hearing and give any instructions the court deems appropriate. The Commission`s procedures are hearings before the Magistrates` Court to decide whether there is sufficient evidence against a person accused of a serious crime to bring him or her to trial before a higher court. The first date your case goes to court is called the first mention. While it`s important, of course, to have a strategy with your attorney before the mention date to get the best possible outcome, an experienced defense attorney will suggest that you be open about how your case will unfold that day. Before the first mention, the police should provide your lawyer with the following: As with a first mention, if you are mentioned for the first time, your file may be closed as an admission of guilt, adjourned and reserved for an admission of guilt, or adjourned to mention the contest. If the accused pleads not guilty at the commendation hearing, the case will be changed to competition.
This can be done on the same day, but is usually postponed (postponed) to a later day. A challenge is an oral hearing in which the Court attempts to resolve the case before adjourning it to a “contentious hearing” or minimizing the contentious issues. When mentioning the contest, your lawyer read the brief, informed you of your legal options, and received instructions from you on how to proceed with the case. This way, if you participate in the mention of the competition, your lawyer can explain the contentious points of your case to the magistrate. At the time of the first oral mention, the magistrate may postpone the case to a “special mention” instead of a dispute or a contentious hearing. During the special mention, the court and both parties will identify issues that can be resolved to avoid a controversial hearing. This is your chance to tell the court how the crime affected you. The judge will consider what you said to be one of the many things he considers when deciding on the sentence. This is the first hearing in the commission process and usually takes place shortly after the indictment is filed.
At this hearing, the court will set a timetable for the exchange of information between the prosecution and the defence. At this hearing, a date is set for the mention of commits. Another mention is the second or next list of your charges in court. After a subsequent mention, the Court will expect that the case has progressed in one way or another, either towards a solution, or towards a clarification of the disputed issues, or towards the notification that all the requested documents have been produced by the police. These are just some of the things that can happen at a hearing in the Magistrates` Court of Victoria. If you have to attend a notice before the district court, you must seek the advice of a lawyer to find out what might happen in your case. As a general rule, the Public Prosecutor`s Office has 12 months from the date of the offence to initiate legal proceedings. A reference to competition is a type of pre-negotiation intended to facilitate early admissions of guilt and to narrow down the issues in dispute. In a controversial hearing, the prosecution and defense teams present their case to the court, and a judge will find the accused guilty or not guilty.
It`s like a trial, but there`s no jury. Your indictment may indicate that your case is listed for a “mention” or “hearing”. If your case is listed for `mention`, it is likely that your case will be heard and decided by the Magistrates` Court. However, if your case is scheduled for a `filing hearing`, your case may start in the Magistrates` Court and then be referred to a higher court. There are many possible outcomes of a mention in court. The Magistrates` Court deals with the first part of criminal proceedings. The judge must decide whether there is enough evidence for the case to go to the District Court or the Supreme Court for trial with a judge and jury. While mentioning the competition, the parties (the prosecutor, the defence team and the judge): This hearing takes place when the accused pleads not guilty.
At this hearing, both the prosecutor and the defendant and/or his lawyer present their case to the court. Witnesses may be subpoenaed and cross-examined. The bailiff hears evidence from both parties and decides the outcome of the case. If you wish, you can plead guilty at the hearing. In this case, the Court can hear and conclude your case immediately. This means that the magistrate can convict you and impose an appropriate sentence on that day. If you are charged with a criminal offence that can be summarily heard, the court may grant and set a date for a “summary hearing”. The court may also adjourn a case at the first hearing if you are in pre-trial detention and wish to apply for bail.
Finally, your case may also be adjourned for “later mention” or “case conference” if the Court wishes to resolve issues or settle the progress of the case at a later date. If you do not appear before the court for a summary conviction offence, the court may hear the matter in your absence at an ex parte hearing. Once the police have filed charges with the District Court, your case will be listed for mention (Article 10 (1) CPA). The “first mention hearing” is the first time your case is brought before the Court and “mentioned” in the Court`s lists. Your case can proceed in a variety of ways, depending on the circumstances and whether you intend to plead guilty or not guilty. If the accused does not appear in court for a summary hearing, the court may hear the case in his absence. This is called an ex parte hearing. The magistrate may hear and decide the case based on the following factors: If you are under summons, you will usually have to attend other mentions. There are other indications that we may appear before the court on your behalf without you being present. You would have to discuss that with us before that happens.
If you are out on bail, you must attend. Back Next If the case cannot be resolved by the mention of the competition and you still wish to plead not guilty, your case will be adjourned for a controversial hearing. Your lawyer will tell the court what specific police evidence you want to challenge at the hearing. The judge may make an order to ensure that all the evidence of the prosecution is presented to the defence before the trial in question. Both parties may also have to provide the court with an estimate of how long the case will be heard and how many witnesses will be called.