Commonwealth Criminal Charges vs State Charges: What’s Different

What is the difference between a Commonwealth and a state charge?

The difference comes down to which Parliament made the law you are accused of breaking. A Commonwealth charge is an offence against a federal law that applies across Australia, while a state charge is an offence against Victorian law that applies only in Victoria. That single distinction flows through to who investigates you, who prosecutes you, and how you are sentenced. The table below sets out the main differences at a glance.

For all these differences, the early stages of a case feel similar from the inside, and our guide on what happens after being charged applies to both. The distinction matters most in who is running the case against you and in how any sentence is worked out.

Which offences are Commonwealth, and which are state?

As a rule of thumb, an offence is a Commonwealth matter when it harms the Commonwealth or falls within a federal responsibility. The Attorney-General’s Department describes common examples of federal offences as including drug importation, terrorism, and social security fraud. Other frequent Commonwealth charges include tax fraud, money laundering, offences using a carriage service such as the internet, and passport or immigration fraud.

State offences, by contrast, cover the great bulk of everyday criminal law in Victoria, including assault, theft, most drug trafficking and cultivation within the state, driving offences, and sexual offences. The same broad subject can sometimes fall under either system, which is the classic point of confusion, because importing a drug across the border is a Commonwealth matter while trafficking that drug within Victoria is a state one.

Who investigates and prosecutes a Commonwealth charge?

Commonwealth charges are investigated by federal bodies, chiefly the Australian Federal Police, often working with specialist agencies such as the Australian Taxation Office, Services Australia, or the Australian Border Force. This is quite different from a state matter, which is investigated by Victoria Police, and the identity of the investigator is often the first clue to which system you are in.

Once investigated, a Commonwealth charge is prosecuted by the Commonwealth Director of Public Prosecutions, an independent national prosecutor established to prosecute offences against federal law. A state matter, by contrast, is prosecuted by the Office of Public Prosecutions for serious charges, or by Victoria Police prosecutors for many summary matters. Knowing who holds the file tells you a great deal about the case you face.

Which court will hear a Commonwealth charge?

This is where most people are surprised. There is no separate federal criminal court hearing these matters, so a Commonwealth charge in Victoria is heard in the ordinary Victorian courts, the Magistrates’, County, or Supreme Court, exactly as a state charge would be. The court simply exercises federal jurisdiction when it deals with a Commonwealth offence.

What changes is not the courtroom but the law applied within it, and the experience the case demands. Because federal charges bring their own legislation, prosecution policy, and sentencing rules, they call for a lawyer who genuinely works in that area, which is the same principle behind matching a lawyer’s experience to your charge in any criminal matter. A federal case is not the place for someone who rarely appears in one.

How is sentencing different for a Commonwealth charge?

Sentencing is one of the biggest practical differences. Federal offenders are sentenced under Part IB of the Crimes Act 1914, not the Victorian Sentencing Act, so the available orders and the factors a court must weigh are different. A recognizance release order, for example, is a federal option similar to a good behaviour bond, and Victorian community-based orders do not apply in the same way to federal matters.

The parole system is separate too, with a dedicated Commonwealth Parole Board deciding the release of federal prisoners, rather than the Victorian Adult Parole Board. These differences mean that a plea in a federal matter is prepared against a different legal backdrop, and understanding how a sentencing hearing works is only the starting point, because the rules being applied are federal rather than state.

Is bail different for a Commonwealth charge?

Often it is decided in the same court, but some Commonwealth offences carry their own stricter bail rules. Bail on a federal matter is generally dealt with by the Victorian court hearing the charge, applying a mix of state bail law and any special Commonwealth provisions. For certain serious federal offences, such as terrorism matters, federal law imposes a much tougher test that must be satisfied before bail can be granted.

For most everyday Commonwealth charges, bail is approached in a similar way to a serious state matter, and the preparation that goes into bail for a serious indictable offence is just as relevant. The key is to identify early whether any special federal bail rule applies to your particular charge, because that shapes the whole approach.

Why does it matter which type of charge you face?

Because almost everything downstream depends on it. The prosecutor, the governing legislation, the sentencing options, and the parole system all change depending on whether your charge is Commonwealth or state, and a defence built for one may not fit the other. Treating a federal charge as though it were a state one, or the reverse, risks missing the very rules that shape the outcome.

This is why the distinction is not just technical. It affects the strategy from the first appearance, and it is one reason people facing Commonwealth and federal offences should seek advice from someone who works in that jurisdiction, rather than assuming all criminal charges are handled the same way. Getting that right early is one of the most valuable steps you can take.