In Victoria, summary offences are less serious criminal offences that are heard and determined by a Magistrate alone in the Magistrates’ Court, without a jury. Common examples include assault, driving offences, minor drug offences (including low-level trafficking) and some family violence offences.

Summary proceedings are heard in the Magistrates’ Court of Victoria. A conviction in the Magistrates’ Court can still carry significant penalties and long-term consequences. At Angus Cameron and Partners, we represent clients in summary proceedings across all Magistrates’ Courts in Victoria and will guide you through every stage of the process.

The process is generally quicker and less formal than proceedings for more serious (indictable) offences, but it is still important that you have experienced lawyers by your side.

Below is a step-by-step guide to how summary proceedings work.

Charge Sheet Filed

The process begins when the police (or another prosecuting agency) file a charge sheet with the Magistrates’ Court. The charge sheet contains the essential elements of the allegations against you. A few things to note about this stage:

  • Police have 12 months from the date of the alleged offence to file a charge sheet for most summary offences
  • Once filed, the Court lists the matter for a first mention hearing
  • You are entitled to a copy of the charges
  • The police (the ‘informant’) must serve you with a preliminary brief of evidence within 21 days of the charge sheet being filed — this gives you an early overview of the prosecution case

Summary Case Conference

Before the matter is listed for a contested hearing or contest mention, the parties are usually required to attend a Summary Case Conference. This is an informal meeting between us and the prosecutor (usually a police representative):

  • The purpose is to discuss the case, identify what is genuinely in dispute, and explore whether the matter can be resolved without a contested hearing
  • We will review the prosecution evidence with you and advise on the strengths and weaknesses of the case before the conference
  • The conference can result in charges being withdrawn, reduced, or the matter proceeding to a contested hearing

First Mention

The first mention is the first time the matter is formally listed before a Magistrate. At this hearing, the Court will want to know how you intend to deal with the case:

  • If you intend to plead guilty, the matter can often be heard and sentenced at the mention hearing or adjourned for a plea date
  • If you intend to plead not guilty, we will appear at the mention and the Magistrate will adjourn the matter to a contest mention or, in some cases, directly to a contested hearing

Pleading Guilty

If you decide to plead guilty at any stage, the matter will be listed for plea and sentence before a Magistrate. A few things to keep in mind:

  • We will prepare detailed written submissions on your behalf to present the best possible case in mitigation
  • The Magistrate has a range of sentencing options available, including fines, community correction orders, and in serious cases, imprisonment

Contest Mention

If you intend to plead not guilty, the matter will usually be adjourned to a contest mention before proceeding to a full contested hearing. At the contest mention:

  • The Magistrate will explore whether the matter can still be resolved — for example, by the prosecution withdrawing or amending the charges, or by you agreeing to plead guilty to a lesser charge
  • If the matter cannot be resolved, the Magistrate will fix a date for a contested hearing and may make directions about the conduct of that hearing, including the estimated time required and the witnesses to be called

Contested Hearing

If the matter does not resolve, it will proceed to a contested hearing before a Magistrate. This is the equivalent of a trial (just without a jury):

  • Both the prosecution and defence present their evidence and call witnesses
  • Witnesses give evidence under oath and can be cross-examined
  • We will challenge the prosecution case and present any evidence that supports your defence
  • At the end of the hearing, the Magistrate will determine whether you are guilty or not guilty of each charge
  • If you are found not guilty, the charges are dismissed. If you are found guilty, the matter will proceed to sentencing

Sentence Indication

At any point during the proceedings, you may apply for a sentence indication:

  • A sentence indication is where the Magistrate indicates what sentence they would likely impose if you were to plead guilty
  • The indication will tell you whether the likely sentence would involve an immediate term of imprisonment or a non-custodial order
  • A sentence indication can be a useful tool to assist you in deciding whether to plead guilty or proceed to a contested hearing

Diversion

For some offences, you may be eligible for Diversion. This is an alternative to a conviction:

  • Diversion is available for certain (usually) first-time offenders and less serious offences
  • If diverted, you will be required to complete certain conditions (such as making a donation to charity, attending counselling, or writing a letter of apology)
  • If you successfully complete the diversion program, no conviction is recorded and the charge is formally dismissed
  • We can advise you on whether diversion is available in your case and make an application on your behalf

Appealing a Decision

If you are found guilty or are unhappy with the sentence imposed by the Magistrate, you have a right of appeal to the County Court:

  • This must be done within 28 days of your sentence
  • The appeal is heard as a fresh hearing— the County Court Judge hears the matter as if for the first time and is not bound by the Magistrate’s decision
  • We can advise you on the merits of an appeal and represent you in the County Court if appropriate

Guide to Summary Proceedings — FAQs

What is the difference between a summary offence and an indictable offence?

Summary offences are less serious matters dealt with entirely in the Magistrates’ Court. Indictable offences are more serious and can ultimately proceed to a jury trial in the County or Supreme Court, though many indictable offences can also be heard in the Magistrates’ Court if certain criteria are met. The nature of your charge determines which process applies and how long the matter is likely to take.

What is a summary case conference?

A summary case conference is an informal meeting between the defence and the prosecutor, usually held before the first mention. It is an opportunity to discuss the charges, review the evidence, explore whether any charges might be withdrawn or reduced, and see if the matter can be resolved without a contested hearing. We attend these conferences on your behalf and use them as an early opportunity to identify weaknesses in the prosecution case and seek the best possible outcome.

Do I have to attend every court date?

In most cases, yes. Failing to appear at a court date is a serious matter and can result in a warrant being issued for your arrest and additional criminal charges. If there is a genuine reason you cannot attend on a particular date, we can often appear on your behalf and seek an adjournment. Contact us as soon as a potential conflict arises rather than simply not appearing.

What is a contest mention?

A contest mention is a hearing that takes place before a contested hearing. Its purpose is to identify and narrow the issues in dispute, explore any last opportunities for resolution, and ensure both sides are ready to proceed. In some cases matters resolve at the contest mention stage, avoiding the need for a full contested hearing altogether.

What is a diversion, and could I be eligible?

Diversion is a program that allows some first-time offenders to have their charges dealt with without a conviction being recorded. If you complete the conditions set by the court — which might include an apology, community service, a donation, or participation in a program — the charges are effectively dismissed with no finding of guilt. Eligibility depends on the nature of the charges, whether you have any prior history, and the attitude of the prosecution. We can assess whether diversion is a realistic option in your matter and, if so, present the strongest possible case for it.

How long will my summary matter take to resolve?

It depends on the nature of the charges and whether the matter is contested. Some matters resolve at the first mention; others require several hearings over months. If a contested hearing is required, obtaining a hearing date can take three to six months or longer depending on court availability. We keep you informed of realistic timeframes at every stage.

What is a sentence indication?

A sentence indication is an indication from the Magistrate of the likely sentence they would impose if you were to plead guilty at that stage. It can be a useful tool for weighing up whether a plea of guilty is in your best interests without locking you into that position. We can advise you on whether seeking a sentence indication is appropriate in your matter.

What happens if I plead guilty at the first mention?

If you plead guilty at the first mention, the Magistrate may sentence you on the same day or adjourn the matter to a later date for plea. We will advise you on whether it is in your interests to proceed immediately or seek an adjournment to allow time to prepare proper plea materials, such as character references, expert reports, or evidence of rehabilitation.

Can I appeal a Magistrates’ Court decision?

Yes. If you are convicted or sentenced by a Magistrate and are unhappy with the outcome, you have 28 days to lodge an appeal to the County Court. The appeal is heard as a fresh hearing — the County Court Judge is not bound by the Magistrate’s decision. We can advise you on the merits of an appeal and represent you in the County Court if appropriate.

What are the sentencing options available in the Magistrates’ Court?

The Magistrate has a broad range of sentencing options, including fines, community correction orders (which can involve unpaid community work, supervision, treatment, or other conditions), adjourned undertakings (good behaviour bonds), and in more serious cases, imprisonment. We will present the strongest possible case in mitigation to achieve the best available outcome for your circumstances.

Related Guides

You may also find the following guides useful:

  • Guide to Trials — what happens at a jury trial in the County or Supreme Court