What is a Contested Hearing at the Magistrates’ Court in Victoria?

If you have pleaded not guilty to a criminal charge, your case may eventually proceed to a contested hearing.

A contested hearing is the stage of the criminal process where the prosecution must prove the charges against you beyond reasonable doubt. Unlike a mention hearing or contest mention, this is the day the Magistrate hears the evidence, listens to witnesses and ultimately decides whether you are guilty or not guilty.

For many people, a contested hearing is the most stressful part of the court process. Knowing what to expect can help you prepare and make informed decisions about your case.

What is a contested hearing?

A contested hearing is effectively a trial in the Magistrates’ Court.

If you plead not guilty and your matter cannot be resolved beforehand, the court will list the case for a contested hearing.

At the hearing:

• The prosecution calls its witnesses.

• Each witness gives evidence under oath or affirmation.

• Your lawyer has the opportunity to cross-examine each witness.

• The defence may call witnesses or other evidence.

• Legal submissions are made.

• The Magistrate decides whether the prosecution has proved the charge beyond reasonable doubt.

The Magistrate, not a jury, decides the outcome.

What does the prosecution have to prove?

In every criminal case, the prosecution carries the burden of proof.

You do not have to prove that you are innocent.

Instead, the prosecution must prove every element of the offence beyond reasonable doubt. If there is a reasonable doubt about your guilt, you should be found not guilty.

This is one of the fundamental principles of the criminal justice system.

What happens before the hearing starts?

Before witnesses are called, there are often discussions between the lawyers and the Magistrate.

These discussions may involve:

• Whether all witnesses are present.

• Any legal issues that need to be determined.

• Whether documents can be admitted by agreement.

• The order in which witnesses will be called.

• Any last-minute negotiations between the parties.

Occasionally, matters resolve on the morning of the contested hearing. Charges may be withdrawn, amended, or a person may decide to plead guilty after receiving further legal advice.

If the matter cannot be resolved, the hearing will proceed.

What happens during the prosecution case?

The prosecution presents its case first.

Each witness is called into the witness box and gives evidence.

This may include:

• Police officers.

• Civilian witnesses.

• Experts such as forensic scientists or medical practitioners.

• Alleged victims.

After each witness finishes giving their evidence, your lawyer has the opportunity to ask questions. This process is known as cross-examination.

Cross-examination is one of the most important parts of a contested hearing. It allows the defence to:

• Challenge the accuracy of a witness’s evidence.

• Test a witness’s memory.

• Highlight inconsistencies.

• Explore bias or motive.

• Put the defence case to the witness.

The Magistrate carefully observes each witness while they give evidence.

Do I have to give evidence?

Not necessarily.

One of the most common misconceptions is that every accused person must give evidence.

In reality, you have the right to remain silent.

Whether you should give evidence depends entirely on the circumstances of your case.

Sometimes giving evidence is beneficial.

Sometimes it can create unnecessary risks.

This is a strategic decision that should only be made after discussing your case with your lawyer.

Can I call my own witnesses?

Yes.

If your case requires defence evidence, your lawyer may call witnesses to give evidence on your behalf.

This might include:

• Independent witnesses.

• Experts.

• Medical professionals.

• Character or factual witnesses where appropriate.

Your lawyer will decide whether calling witnesses assists your defence.

In some cases, the defence does not call any evidence at all and instead argues that the prosecution has simply failed to prove the case.

What are legal submissions?

After all of the evidence has been heard, both parties make submissions to the Magistrate.

The prosecutor explains why they say the charges have been proved.

Your defence lawyer explains why the prosecution has failed to establish guilt beyond reasonable doubt.

These submissions often focus on:

• The reliability of witnesses.

• Inconsistencies in the evidence.

• Missing evidence.

• Legal issues.

• Whether the prosecution has proved every element of the offence.

The Magistrate then considers all of the evidence before making a decision.

When will I know the outcome?

Sometimes the Magistrate delivers a decision immediately after hearing submissions.

In more complex matters, the Magistrate may reserve their decision and deliver judgment on another day.

If you are found not guilty, the charge is dismissed, and the matter ends.

If you are found guilty, the court will move to sentencing. In some cases, sentencing occurs immediately. In others, it may be adjourned to allow reports or other material to be prepared.

How long does a contested hearing take?

Every case is different.

Some contested hearings take less than an hour.

Others may run for an entire day or several days if there are numerous witnesses or complex legal issues.

Before the hearing, the parties estimate how long the case is expected to take so the court can allocate sufficient time.

Should I have a lawyer?

While you are entitled to represent yourself, contested hearings involve strict rules of evidence, legal procedures and advocacy.

Your lawyer’s role includes:

• Preparing your defence.

• Identifying weaknesses in the prosecution case.

• Preparing witnesses.

• Cross-examining prosecution witnesses.

• Making legal objections where appropriate.

• Making submissions on the law.

• Presenting your case clearly and persuasively.

Cross-examination is a skill developed through experience. Knowing what questions to ask (and just as importantly, what questions not to ask) can significantly affect the outcome of a case.

For that reason, legal representation is strongly recommended if your matter proceeds to a contested hearing.

Practical tips before your contested hearing

If your hearing is approaching:

• Meet with your lawyer well before the hearing.

• Read the brief of evidence again.

• Make a note of anything you disagree with.

• Ensure your witnesses know when and where they are required.

• Dress neatly and arrive early.

• Turn your phone off before entering the courtroom.

• Avoid discussing your evidence with other witnesses while waiting at court.

Preparation is one of the most important factors in presenting your case effectively.

Frequently Asked Questions

Is a contested hearing the same as a trial?

Yes. In the Magistrates’ Court, a contested hearing is the equivalent of a trial, except there is no jury. The same rules of evidence apply. The Magistrate hears the evidence and decides whether you are guilty or not guilty.

Will I have to speak in court?

Possibly, but not always. Many accused people do not give evidence. Whether you should testify is a strategic decision that should be made with your lawyer after considering all of the circumstances.

Can my case settle before the contested hearing?

Yes. Criminal matters frequently resolve before the hearing date. Negotiations with the prosecution, further disclosure or legal advice may result in charges being withdrawn, amended or resolved by way of a guilty plea.

What happens if I’m found not guilty?

If the Magistrate is not satisfied that the prosecution has proved the charge beyond reasonable doubt, you will be acquitted and the charge will be dismissed.

Preparing for a contested hearing

A contested hearing is often the most important day in your criminal case. Careful preparation, a thorough understanding of the evidence and experienced legal representation can make a significant difference to the outcome.

If you have been charged with a criminal offence and your matter has been listed for a contested hearing, obtaining legal advice well before the hearing date allows time to prepare your defence, identify issues with the prosecution case and ensure your matter is presented as effectively as possible.

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.