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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Can You Get Bail for a Serious Indictable Offence?

Yes, you can get bail for a serious indictable offence in Victoria, but it is much harder than for an ordinary charge. For offences listed in Schedule 1 or Schedule 2 of the Bail Act 1977 (Vic), the onus is reversed. You must first show exceptional circumstances (Schedule 1) or a compelling reason (Schedule 2) before the court even considers whether you are an unacceptable risk. For the most serious charges, such as murder, only the Supreme Court can grant bail.

By Lauren Tye
9 min read
Updated July 9, 2026

Can You Get Bail After Being Remanded in Victoria?

Yes. Being remanded in custody doesn’t end your bail options in Victoria. The law gives you a right to make a further bail application, and your first two attempts since being taken into custody can generally proceed without needing to show new facts or circumstances.

By Lauren Tye
6 min read
Updated July 9, 2026

Can Police Lie or Bluff During an Interview in Australia?

There’s no absolute law stopping Australian police from lying or bluffing during an interview, but under the Evidence Act, an admission obtained through a false statement police knew, or should have known, was false can be ruled improperly obtained and excluded from evidence.

By Lauren Tye
5 min read
Updated July 9, 2026

Applying for an Intervention Order in Victoria: The Process

Applying for an intervention order in Victoria means lodging an application, either online for an FVIO or in person with an affidavit for a PSIO, after which the court can grant an interim order for immediate protection while police serve the respondent and a final hearing is listed.

By Lauren Tye
6 min read
Updated July 9, 2026

AVO vs Victorian Intervention Order: What’s the Difference?

Victoria doesn’t have AVOs, that’s New South Wales terminology. Victoria uses intervention orders instead, split into a Family Violence Intervention Order (FVIO) for family relationships and a Personal Safety Intervention Order (PSIO) for everyone else.

By Lauren Tye
6 min read
Updated July 9, 2026

Careless Driving vs Dangerous Driving: What’s the Legal Difference?

Careless driving is judged objectively, whether a reasonable, prudent driver would have acted differently, and carries fines up to 25 penalty units. Dangerous driving requires proof the manner of driving was inherently unsafe to the public, and carries up to 240 penalty units or 2 years imprisonment, plus mandatory licence disqualification.

By Lauren Tye
6 min read
Updated July 9, 2026

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.

By Lauren Tye
6 min read
Updated July 9, 2026

How Long Does It Take to Get Legal Aid Approved in Victoria?

A standard grant of legal assistance in Victoria generally takes about 14 to 21 days to be assessed, though this varies with case complexity. Urgent matters, particularly bail applications, can be approved much faster, sometimes within days, since Victoria Legal Aid can grant assistance before all paperwork is finalised.

By Lauren Tye
8 min read
Updated July 9, 2026

Will a Criminal Record Show Up on an International Police Check?

Yes, in most cases. A relevant Victorian conviction can appear on an Australian Police Certificate, the certificate typically required for overseas visa, immigration, or citizenship purposes. Importantly, spent convictions that wouldn’t normally appear on a standard employment police check can still be disclosed for immigration and citizenship purposes.

By Lauren Tye
4 min read
Updated July 9, 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

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.