I have been charged. What happens at the Magistrates' Court?

Last checked: 31 October 2026

The short answer

Being charged does not mean you are guilty. Your first court date is called a mention hearing. You can plead guilty or not guilty, ask for diversion if you qualify, or ask for more time to get advice. Get legal advice before you plead, and always go to court on your date.

Key dates and time limits

• Go to court on the date on your charge sheet, summons or bail papers. If you do not, the court can decide the case without you or issue a warrant for your arrest.
• If you are representing yourself, send the online guilty or not guilty plea form at least 3 business days before the hearing.
• Police generally have 12 months from the date of a summary offence to start the case in court.
• Help Before Court from Victoria Legal Aid: ask when your court date is 14 days or more away.

Step by step

1. 1

   Know how your case started

   Police may give you a charge and summons, which tells you when to go to court. Or they may arrest and charge you and then decide bail. Bail is a promise in writing to come to court and follow conditions, such as living at an address or reporting to a police station. Breaking bail conditions can get you arrested, and missing court is a crime.

2. 2

   Get legal advice early

   Ask Victoria Legal Aid for Help Before Court if your court date is 14 days or more away, by phone, online or at an office. Otherwise, see the duty lawyer at court on the day. Duty lawyers are at most Magistrates' Courts and can give advice or speak for you if you are eligible.

3. 3

   Talk to the police prosecutor

   A summary case conference is a talk between you or your lawyer and the prosecution about the charges and evidence. It can happen by phone, email or in person, and can narrow the issues or settle the case. This is also when you can ask police to agree to diversion.

4. 4

   Ask about diversion

   Diversion is mainly for first-time, low-level offences. The prosecution must agree and you must accept responsibility. You then follow a plan, such as an apology, counselling or a donation. If you finish it, the charge is dismissed with no finding of guilt and no criminal record. It is not available for some driving offences, such as drink driving.

5. 5

   Go to the mention hearing

   If you plead guilty, the magistrate will usually sentence you that day. If you plead not guilty, the case is set down for a contest mention and then, if it is not resolved, a contested hearing where witnesses give evidence. The prosecution must prove the charge beyond reasonable doubt.

6. 6

   Ask about support on bail

   The Court Integrated Services Program (CISP) helps people on bail with things like drug and alcohol treatment, housing and mental health. It usually runs for about four months and you can refer yourself. It runs at a number of Magistrates' Courts, so check if yours has it.

7. 7

   Know what a criminal record means

   A finding of guilt without a conviction is spent straight away. Most other convictions are spent automatically after a waiting period with no new convictions: 5 years if you were under 21 when sentenced, and 10 years for adults. Serious convictions, such as jail of more than 30 months, sexual offences or serious violence, are not spent automatically, though in some cases you can apply to the Magistrates' Court.

Who can help

Forms and the law