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 Live at Home Under an Intervention Order?

It depends on the conditions of the intervention order. If the order does not include an exclusion condition, you may be able to keep living at home, as long as you do not commit family violence. If it does include an exclusion condition, you must leave the residence, even if you own it or are on the lease.

By Lauren Tye
9 min read
Updated August 3, 2026

Can You Switch Lawyers Mid-Case in Victoria?

Yes. You can switch lawyers mid-case in Victoria. It is your case, and you have the right to change your lawyer if you are not satisfied. The practical points to manage are getting your file, paying your first lawyer for work already done, and the timing, especially if you are close to a hearing or on legal aid.

By Lauren Tye
8 min read
Updated August 1, 2026

Can You Vary Your Bail Conditions?

Yes, you can vary your bail conditions in Victoria. Under the Bail Act 1977 (Vic), a court can change your bail conditions where it is reasonable to do so, usually because your circumstances have changed or a condition is no longer necessary or workable. You, the police informant, or the prosecution can apply, and the court decides after the prosecution has been given notice and a chance to respond. Common reasons include a condition clashing with work, a change of address, or reporting that has become impractical.

By Lauren Tye
8 min read
Updated July 31, 2026

Can You Travel Overseas With a Criminal Record?

Usually, yes. A criminal record generally does not stop you leaving Australia or getting an Australian passport. The real barrier is entry to your destination, because each country decides who it lets in under its own laws. Some records affect entry to countries like the United States, Canada, and New Zealand, so the destination is what matters most.

By Lauren Tye
8 min read
Updated July 31, 2026

Do You Have to Answer Every Police Question?

No, you do not have to answer every police question. In Victoria you have a right to silence, so you generally do not have to answer questions about an alleged offence or take part in a police interview. There are limited exceptions: you must give your name and address when police lawfully require it, and there are specific obligations if you are driving. Beyond that, you can politely decline to answer, and your silence generally cannot be used against you. The safest response is to stay calm, give only what you must, and ask to speak to a lawyer.

By Lauren Tye
8 min read
Updated July 30, 2026

Children’s Court Victoria: A Parent’s Guide

The Children’s Court of Victoria is a specialist court that deals with young people, including those charged with a criminal offence in its Criminal Division. It focuses on rehabilitation rather than punishment, hearings are closed to the public, and your child’s identity is protected. The minimum age of criminal responsibility in Victoria is now 12.

By Lauren Tye
9 min read
Updated July 30, 2026

Can an Intervention Order Be Extended Beyond Its Expiry?

Yes, an intervention order can be extended in Victoria, but there is a catch that trips people up: you must apply before it expires, while it is still in force. Under section 106 of the Family Violence Protection Act 2008 (Vic), a court can extend a family violence intervention order if it is satisfied the protected person still needs protection. Apply at least 4 weeks, ideally 8 weeks, before the expiry date, because once an order has ended it cannot be extended, and you would have to apply for a brand-new order instead.

By Lauren Tye
8 min read
Updated July 29, 2026

Affray Charges in Victoria Explained

An affray charge in Victoria is a public order offence under section 195H of the Crimes Act 1958 (Vic). It covers using or threatening unlawful violence in a way that would terrify a person of reasonable firmness present at the scene. It is an indictable offence carrying up to 5 years imprisonment, or 7 years if the person wore a face covering to conceal their identity.

By Lauren Tye
9 min read
Updated July 29, 2026

Criminal Lawyer Payment Plans in Melbourne

Many criminal lawyers in Melbourne offer payment plans, letting you pay in instalments rather than one lump sum, though it varies by firm. A payment plan is a private arrangement set out in your written costs agreement, usually involving an upfront deposit and then staged payments as your case moves through court. One thing to know: criminal defence cannot be done “no win, no fee,” because conditional costs agreements are prohibited for criminal matters in Victoria. Always get the terms, and what happens if you miss a payment, in writing.

By Lauren Tye
8 min read
Updated July 28, 2026

Start Here

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

Guide 01

Can Family Members Act as a Surety in Victoria?

Yes. A family member can act as a surety for bail in Victoria, and a close relationship is often seen as a positive, because it can give the surety real influence over the accused. Under the Bail Act 1977 (Vic), a surety must be an individual aged 18 or over, without a legal incapacity, and with enough money or assets to cover the bail amount. The court also considers their character. A surety promises to forfeit a set sum if the accused fails to answer bail, so it is a serious financial commitment, not a formality.

Guide 01

Bail for Young People in Victoria: What’s Different?

Bail for young people in Victoria is decided under the same Bail Act 1977 (Vic) as for adults, but with an extra layer of child-specific considerations in section 3B, such as the child’s age and maturity, the importance of keeping them in school and with family, and the harm custody can do. Since 26 March 2025, community safety is the overarching consideration for all bail, including for children, and the old wording that treated remand of a child as a “last resort” was removed.

Guide 01

Can You Vary Your Bail Conditions?

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

Self-Defence Claims in Victorian Assault Cases

Self-defence is a complete defence to assault in Victoria. Under section 322K of the Crimes Act 1958, you are not guilty if you believed your conduct was necessary and it was a reasonable response in the circumstances as you saw them. The prosecution must disprove it.

Charges We Defend
. 5 min read

Mobile Phone Driving Offences in Victoria: Penalties and Options

Using a mobile phone illegally while driving in Victoria carries a $627 fine and 4 demerit points, under the Road Safety Road Rules 2017. Learner and P-plate drivers cannot use a phone at all, and detection cameras now enforce the rules automatically.

Charges We Defend
. 5 min read

Driving Without Ever Holding a Licence in Victoria: What Happens

Driving when you have never held a licence is an offence under section 18 of the Road Safety Act 1986, carrying up to 60 penalty units or 6 months imprisonment. That is far more than the penalty for an expired licence, and the court can also delay when you may apply for a licence.

Charges We Defend
. 5 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.