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

For many people, receiving a court date is one of the most stressful experiences of their lives. If you’ve never been charged with a criminal offence before, you may have no idea what a “mention hearing” is or what you’re expected to do when you attend court.

The good news is that, in most cases, a mention hearing is not your ‘trial’. You will not be expected to give evidence or have witnesses called. Instead, a mention hearing is the first opportunity for your matter to come before a Magistrate so the court can determine how your case should progress.

Understanding what happens at a mention hearing can help reduce some of the uncertainty and allow you to make informed decisions about your case.

What is a mention hearing?

A mention hearing is usually the first court appearance for a criminal matter in the Magistrates’ Court of Victoria.

The purpose of the hearing is to determine the future direction of your case. At this stage, the Magistrate wants to know whether:

• You intend to plead guilty;

• You intend to plead not guilty; or

• You are not yet in a position to decide.

In many cases, you will have been served with a preliminary brief of evidence before your mention hearing. This usually contains the police summary, witness statements and other material that explains the allegations against you.

You should have a reasonable understanding of what the prosecution alleges before making any decisions about how your matter should proceed.

Do I have to decide whether I’m guilty at the first mention?

No.

Many people assume they must make a final decision at their first court date. That is not always the case.

It is perfectly acceptable to tell the court that you need more time to obtain legal advice, review the evidence or receive additional material from the prosecution.

In fact, many criminal matters are adjourned from the first mention because the accused has not yet received all of the evidence or simply needs more time to consider their options.

You should never feel pressured into pleading guilty simply because your matter has been listed in court.

What happens during the hearing?

Mention hearings are generally quite short. Many only take a few minutes.

When your matter is called, you (or your lawyer) will appear before the Magistrate.

Depending on your circumstances, the court may:

• Adjourn the matter to another date;

• Accept a plea of guilty and proceed to sentencing;

• List the matter for a contest mention;

• Make directions about the exchange of evidence;

• Deal with issues relating to disclosure or outstanding material; or

• Set a timetable for the progression of your case.

If you are represented by a lawyer, they will speak on your behalf.

What if I want to plead guilty?

If you have received legal advice and have decided to plead guilty, your matter may be able to proceed on the day of the mention hearing.

This will depend on several factors, including:

• Whether the prosecution brief is complete;

• Whether the Magistrate has sufficient time available;

• Whether further reports or character references are required; and

• Whether your lawyer needs additional time to properly prepare your plea.

In some cases, even if you indicate that you intend to plead guilty, the matter may be adjourned to another date for a properly prepared plea hearing.

This is often in your best interests. It gives you time to obtain character references, undertake counselling if appropriate, gather supporting material and ensure your lawyer can present your case as strongly as possible.

What if I want to plead not guilty?

If you deny the allegations, your lawyer will usually advise the court that the matter is proceeding as a not guilty plea.

The court will generally adjourn the matter to a contest mention.

A contest mention is another court date where the parties discuss the issues in dispute, identify the witnesses required and determine how long the contested hearing will take.

Many cases resolve before reaching a contested hearing. Sometimes additional evidence becomes available, witnesses are no longer required, or the prosecution agrees to withdraw charges.

Most mention hearings are adjourned

One of the biggest misconceptions is that everything will be finalised at the first court appearance.

In reality, most criminal matters are adjourned.

There are many reasons for this, including:

• The accused wants legal advice.

• The prosecution has not provided all of the evidence.

• Further disclosure has been requested.

• Negotiations are taking place.

• Counselling or rehabilitation is being undertaken.

• Character references are being prepared.

• The parties require additional time before the matter can proceed.

An adjournment is often a normal and necessary part of the court process rather than a sign that something has gone wrong.

Should I get legal advice before my mention hearing?

Yes.

Many people attend court intending to represent themselves because they believe the first court date is “just an administrative hearing.”

While mention hearings are generally brief, important decisions can be made that affect the future conduct of your case.

A criminal lawyer can:

• Explain the allegations against you.

• Review the police brief.

• Identify weaknesses in the prosecution case.

• Advise whether you have a defence.

• Negotiate with police where appropriate.

• Request further disclosure.

• Appear in court on your behalf in many cases.

• Help you decide whether pleading guilty or not guilty is in your best interests.

Obtaining advice early often places you in a much stronger position than trying to work things out after important decisions have already been made.

Practical tips for your first mention hearing

If you are attending court yourself:

• Arrive at least 30 minutes early.

• Dress neatly and respectfully.

• Bring all paperwork you have received from police or the court.

• Turn your phone onto silent before entering the courtroom.

• Listen carefully when your matter is called.

• Speak respectfully to the Magistrate.

• Refer to the Magistrate as “Your Honour.”

• If you do not understand something, politely ask the court for clarification.

Most importantly, do not rush into making decisions because you feel nervous or under pressure.

Frequently Asked Questions

Will my case finish at the first mention?

Usually not. Most matters are adjourned so that legal advice can be obtained, evidence can be reviewed or further steps can be completed before the case progresses.

Do I have to plead guilty or not guilty?

No. If you need more time to obtain legal advice or review the evidence, your matter can often be adjourned.

Can the charges be withdrawn before my next court date?

Yes. In some cases, negotiations with the prosecution result in charges being withdrawn, amended or resolved before the matter reaches a contested hearing.

Do I need a lawyer for a mention hearing?

You are not legally required to have a lawyer, but obtaining legal advice before making decisions about your case is strongly recommended. Even if your matter appears straightforward, early advice can help you understand your options and avoid decisions that may affect the outcome of your case.

Need advice before your mention hearing?

Every criminal case is different. The right decision depends on the allegations, the strength of the evidence and your personal circumstances.

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.