What is a Contest Mention at the Magistrates’ Court in Victoria?

If you have pleaded not guilty to a criminal offence in Victoria, your next court date will often be a contest mention.

For many people, this is the first time their case is discussed in detail before a Magistrate. Unlike a mention hearing, which is largely administrative, a contest mention focuses on identifying the real issues in dispute and determining whether the matter can be resolved without the need for a contested hearing.

It is also one of the most important stages in a criminal case. Decisions made at a contest mention can significantly affect how your matter proceeds, which is why obtaining legal advice before attending court is highly recommended.

What is a contest mention?

A contest mention is a court hearing that takes place after you have indicated that you intend to plead not guilty.

The purpose of the hearing is to:

• Clarify the issues in dispute.

• Determine whether the matter can be resolved.

• Estimate how long a contested hearing will take.

• Identify which witnesses will be required.

• Deal with any legal issues before the trial.

• Ensure both parties are properly prepared.

Rather than simply setting another date, the Magistrate becomes actively involved in understanding what the case is really about.

Why is a contest mention important?

By the time your matter reaches a contest mention, the prosecution should have served the brief of evidence, and both sides should have a good understanding of the allegations.

The Magistrate wants to know why the matter is being contested.

For example:

• Do you deny committing the offence altogether?

• Do you accept what happened but dispute part of the prosecution’s version?

• Is there a disagreement about the law?

• Is there an issue with the admissibility of evidence?

• Are there problems with the identification of the accused?

• Is the credibility of a witness in dispute?

Understanding exactly what the issues are allows the court to manage the case efficiently.

What happens during a contest mention?

Contest mentions generally take longer than an ordinary mention hearing.

The prosecutor will usually explain the prosecution case to the Magistrate. This may include:

• A summary of the allegations.

• The evidence relied upon.

• The number of witnesses they intend to call.

• The estimated length of the hearing.

Your defence lawyer will then have an opportunity to respond.

They may explain:

• Which parts of the prosecution case are disputed.

• Any weaknesses in the evidence.

• Why particular witnesses are required.

• Whether additional disclosure is needed.

• Any legal issues that should be determined before the contested hearing.

This discussion assists the Magistrate in understanding whether the matter is suitable for resolution or whether it genuinely needs to proceed to trial.

Can the Magistrate give an opinion about the case?

Sometimes.

After hearing from both parties, a Magistrate may indicate their preliminary view about the strengths or weaknesses of the evidence.

For example, the Magistrate may comment that:

• A witness appears particularly strong or weak.

• There may be difficulties proving part of the prosecution case.

• Certain evidence may not be as persuasive as one party suggests.

These comments are not binding and do not determine the outcome of your case. The Magistrate has not heard the witnesses give evidence or be cross-examined.

However, the discussion can assist both parties in assessing the risks of proceeding to a contested hearing.

What is a sentencing indication?

One feature of a contest mention is that, in some cases, you may request a sentencing indication.

A sentencing indication allows the Magistrate to tell you the sentence they would be likely to impose if you decided to plead guilty at that stage of the proceedings.

This can be helpful because it gives you greater certainty about the likely outcome before making an important decision.

However, accepting or rejecting a sentencing indication is a significant decision that should never be made without proper legal advice.

A lawyer can explain:

• Whether the indication is favourable.

• Whether there are legal or factual issues worth contesting.

• The strengths and weaknesses of the prosecution case.

• Whether accepting the indication is in your best interests.

Can my case resolve at the contest mention?

Yes.

Many criminal matters resolve at, or shortly before, the contest mention.

This can happen because:

• The prosecution agrees to withdraw charges.

• The parties negotiate agreed facts.

• The accused decides to plead guilty.

• The prosecution accepts that there is insufficient evidence.

• Further disclosure changes the strength of the case.

Resolving a matter at this stage can avoid the time, stress and expense of a contested hearing.

What if the matter doesn’t resolve?

If the issues remain in dispute, the Magistrate will usually list the matter for a contested hearing.

Before doing so, the court needs detailed information to ensure sufficient time has been allocated.

The parties may be required to complete case management documents identifying:

• The number of prosecution witnesses.

• The number of defence witnesses.

• How long the hearing is expected to take.

• Whether any interpreters are required.

• Whether there are vulnerable witnesses.

• Whether there are legal arguments that should be determined before the hearing.

• Any issues relating to the admissibility of evidence.

This information helps the court allocate appropriate hearing time and avoid unnecessary delays.

Why legal representation is particularly important

Although you are entitled to represent yourself, a contest mention is one of the stages where legal representation can make a significant difference.

Unlike an ordinary mention hearing, substantive discussions take place about:

• The evidence.

• The legal issues.

• The witnesses.

• Possible negotiated outcomes.

• Sentencing indications.

• The future conduct of the case.

An experienced criminal defence lawyer understands what information should be disclosed, what legal arguments may arise, and what issues should be raised with the Magistrate before the matter proceeds to trial.

They can also negotiate with the prosecution before the hearing, which sometimes results in charges being withdrawn or amended.

Practical tips before your contest mention

If your matter has been listed for a contest mention:

• Read the entire brief of evidence carefully.

• Make a list of any factual errors or matters you disagree with.

• Speak to your lawyer well before the hearing.

• Consider whether there are any additional witnesses or documents that support your case.

• Do not ignore offers from the prosecution without obtaining advice.

• Carefully consider any sentencing indication before making a decision.

Being properly prepared allows your lawyer to present your case effectively and ensures the Magistrate has a clear understanding of the issues in dispute.

Frequently Asked Questions

Is a contest mention my trial?

No. Witnesses do not usually give evidence at a contest mention. The hearing is designed to identify the issues in dispute and determine whether the matter can be resolved or should proceed to a contested hearing.

Can I change my mind and plead guilty?

Yes. Many people decide to plead guilty at or before the contest mention after receiving legal advice or after negotiations with the prosecution.

What happens if we can’t agree?

If the matter cannot be resolved, the court will usually list the case for a contested hearing, where witnesses will give evidence and the Magistrate will determine whether the prosecution has proved the charge beyond reasonable doubt.

Should I have a lawyer at a contest mention?

Although you are not legally required to have a lawyer, this is one of the most important stages of the criminal process. Decisions made at a contest mention can affect the outcome of your case, and obtaining legal advice before the hearing is strongly recommended.

Need advice before your contest mention?

If your matter has been listed for a contest mention, now is the time to obtain legal advice. A criminal lawyer can review the evidence, identify the issues in dispute, negotiate with the prosecution and advise whether your matter should proceed to a contested hearing or whether another outcome may be available.

Early preparation often leads to better outcomes and ensures you understand your options before making important decisions about your case.

If you have been charged with a criminal offence or have Criminal Hearing at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in criminal law matters throughout Ballarat and regional Victoria, including:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell;
• Horsham;
• Geelong;
• Bendigo;
• Warrnambool and
• Melbourne metropolitan courts; including Melbourne, Sunshine, Wyndham, Broadmeadows.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.