Filing Hearing / Bail Application

  • Dates set for service of brief of evidence and for committal mention.
  • Discussions with the prosecution.
  • First opportunity to make a bail application or bail variation.

Committal Mention / Committal Case Conference

  • Negotiations take place with police prosecutors and informants about the disputed aspects of a matter.
  • This might result in a plea to only some of the charges or amendments to the facts alleged as part of the case.
  • Further information or evidence can be requested.
  • For a guilty plea, a date will be obtained in the relevant Court.
  • Sometimes leave is sought from the Court to cross-examine relevant witnesses to establish the facts of the plea of guilty.
  • This stage could involve a sentence indication.

Guilty Plea

  • The prosecution present their case.
  • Plea in mitigation. Personal history and the circumstances of the offence are presented.
  • Submissions are made about legal issues, sentencing considerations and appropriate sentence.
  • The Judge may sentence on this date or adjourn for sentencing.

Sentence Hearing

  • Often, sentencing will take place on a different date. The Judge wants to consider the information and will often write a long judgement.
  • Sometimes the Judge will ask for further submissions on the sentencing date.
  • The Judge will make sentencing remarks and deliver a sentence.

If you have are due to appear in court for either a criminal or driving offence it is important to seek advice from a lawyer who specialises in this area.

Call us on 1300 331 331 or book an appointment to see one of our lawyers.