Lauren Tye Legal · Resources

Criminal Law Insights

Clear, practical articles on Victorian criminal law, court process, intervention orders, bail, traffic offences, sentencing, and preparing for court.

What Happens After You Are Charged With a Criminal Offence in Victoria?

After you are charged, the next steps usually depend on the offence, the court, whether bail applies, and whether the matter may resolve by negotiation, plea, diversion, or hearing.

By Lauren Tye
6 min read
Updated April 18, 2026

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How Are Sentencing Hearings Different From Trials?

A trial and a sentencing hearing do two completely different jobs. A trial decides whether you are guilty, with the prosecution having to prove the charge beyond reasonable doubt, often before a jury. A sentencing hearing, also called a plea hearing, only happens after guilt is established, by a guilty plea or a guilty verdict, and its job is to decide the penalty. There is no jury at a sentencing hearing, the standard of proof works differently, and it is the stage where your lawyer presents everything in your favour under the Sentencing Act 1991 (Vic).

By Lauren Tye
8 min read
Updated July 16, 2026

Can You Represent Yourself in Magistrates’ Court?

Yes. You have the right to represent yourself in the Magistrates’ Court of Victoria, and many people do for minor matters. But the court cannot act as your lawyer, the rules of evidence still apply to you, and the risks rise sharply the moment a charge is contested or a conviction could cost you your licence, your record, or your liberty.

By Lauren Tye
9 min read
Updated July 16, 2026

Armed Robbery Charges: Penalties and Defence Strategy

Armed robbery is one of the most serious offences in Victoria, carrying a maximum of 25 years imprisonment under section 75A of the Crimes Act 1958 (Vic). It is committed when a person commits a robbery while armed with a firearm, imitation firearm, offensive weapon, or explosive. Because the penalties are so high and these cases often turn on identity and the strength of the evidence, defence strategy matters enormously. A well-run defence can challenge the identification, contest whether you were really armed, or work to reduce the charge to robbery or theft.

By Lauren Tye
8 min read
Updated July 15, 2026

Bail Conditions for Family Violence Charges Explained

In Victoria, a bail decision-maker must consider family violence risk in every application, and where a family violence charge is involved, bail conditions commonly include no-contact provisions, exclusion from a residence, and other measures specifically aimed at mitigating that risk.

By Lauren Tye
5 min read
Updated July 15, 2026

Appealing a Magistrates’ Court Decision to the County Court

Yes. If you were convicted or sentenced in the Magistrates’ Court, you generally have a right to appeal to the County Court, and you must lodge a notice of appeal within 28 days. A County Court appeal is conducted as a rehearing under the Criminal Procedure Act 2009 (Vic), so your case is heard afresh and you are not bound by the plea you entered below. You can appeal your conviction, your sentence, or both, but the County Court can also impose a more severe sentence, which is why it must warn you first and give you the chance to abandon the appeal.

By Lauren Tye
9 min read
Updated July 14, 2026

Can Children Be Named as Protected Persons on an FVIO?

Yes. Children can be named as protected persons on a Victorian family violence intervention order (FVIO), either included on a parent’s order or protected by an order of their own. A child does not need to be assaulted directly, being exposed to family violence is enough for the law to treat them as an affected family member.

By Lauren Tye
10 min read
Updated July 14, 2026

Affray and Public Violence Charges Explained

Affray is a serious public violence offence under section 195H of the Crimes Act 1958 (Vic), committed when a person uses or threatens unlawful violence in a way that would make a bystander of reasonable firmness fear for their safety. It carries up to 5 years imprisonment, or 7 years if you wore a face covering. Affray sits within a wider family of public violence offences, the most serious of which is violent disorder under section 195I, involving 6 or more people and carrying up to 10 years. The common law offence of riot was abolished in Victoria in 2017.

By Lauren Tye
8 min read
Updated July 13, 2026

Breach of Intervention Order: What Happens?

Breaching a Victorian intervention order is a criminal offence, not a technicality. Police can charge you, arrest you without a warrant, and a court can impose a criminal record, a fine, or imprisonment, separately from whatever the underlying intervention order itself already restricts

By Lauren Tye
6 min read
Updated July 13, 2026

Can You Travel Overseas While on Bail in Victoria?

It depends entirely on your bail conditions. There is no automatic, blanket ban on travel, but bail for a criminal charge in Victoria very often includes a condition to surrender your passport and not to leave the state or the country, because a court’s biggest concern is that you might not come back for your case. If your bail carries those conditions, travelling overseas would breach your bail, so you must apply to vary your conditions and get the court’s permission first under the Bail Act 1977 (Vic).

By Lauren Tye
9 min read
Updated July 10, 2026

Start Here

Three foundational guides for understanding common stages and outcomes in Victorian criminal matters.

Guide 01

Bail Refused in Victoria: When Can You Make Another Bail Application?

After bail is refused in Victoria, you can generally only make another application if there are new facts or circumstances that were not before the court, or you were not legally represented last time. You can also apply to the Supreme Court, which can hear a fresh bail application.

Guide 01

Someone Has Been Remanded: What Should Their Family Prepare for a Bail Application?

When someone is remanded in Victoria, their family can make a real difference by preparing a bail application. The most useful things to gather are a genuine surety, a stable address, proof of work, and character references, all aimed at reducing the risk the court is concerned about.

Guide 01

Urgent Bail Applications in Victoria: What Needs to Be Prepared Before Court?

An urgent bail application in Victoria is won on preparation. Before court you need a genuine surety, proof of accommodation and work, character references, and a realistic set of conditions, all ready to present so the first application is your strongest.

More from the insights library

Foundational explainers and recently updated guides.

These resources are general information only and are not legal advice.

What Happens After You Are Charged With a Criminal Offence in Victoria?

After you are charged, the next steps usually depend on the offence, the court, whether bail applies, and whether the matter may resolve by negotiation, plea, diversion, or hearing.

Charges We Defend
. 6 min read

Common Assault vs Aggravated Assault: What’s the Difference?

Common assault and aggravated assault are both charged under the Summary Offences Act 1966 (Vic), but aggravated assault involves specific circumstances of aggravation, such as acting in company with another person or using a weapon, which carry higher maximum penalties than common assault alone.

Charges We Defend
. 5 min read

Hoon Driving Laws in Victoria: Impounding and Charges Explained

Victoria’s anti-hoon laws let police impound or immobilise a vehicle on the spot for up to 30 days for a first hoon offence. A magistrate can order impoundment or immobilisation for up to 3 months for a second offence within six years, and a third offence within that period opens the door to permanent forfeiture.

Charges We Defend
. 6 min read

Driving While Suspended in Victoria: Penalties and What Happens in Court

Driving while suspended in Victoria is a criminal offence under section 30 of the Road Safety Act 1986, carrying up to 240 penalty units or 2 years imprisonment. It is heard in the Magistrates’ Court, though a suspension for unpaid Fines Victoria fines is treated less seriously.

Charges We Defend
. 4 min read

How Can You Defend a Driving While Disqualified Charge in Victoria?

A driving while disqualified charge in Victoria can be defended. Real defences include an honest and reasonable mistake that you were entitled to drive, that you were not the driver, or that you were not actually disqualified. Each turns on the facts and the evidence.

Charges We Defend
. 4 min read

Repeat Driving While Disqualified in Victoria: Can You Go to Prison?

Yes, you can go to prison for repeat driving while disqualified in Victoria. The offence carries up to 2 years imprisonment under section 30 of the Road Safety Act 1986, and repeat offending moves imprisonment from unlikely to a real prospect, though it is not automatic.

Charges We Defend
. 4 min read

Need Advice on Your Specific Situation?

The information on this page is general and is not legal advice. Speak with a criminal defence lawyer about your matter before making decisions about court, police, or prosecution.