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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Youth Bail in Victoria: What Parents Need to Know

Youth bail in Victoria is decided under the Bail Act 1977, first by police or a bail justice, and then by the Children’s Court. Since the 2025 bail reforms, community safety is a central consideration, and the principle that remand is a last resort for a child has been removed, so bail for young people is harder to obtain than it once was.

By Lauren Tye
5 min read
Updated August 24, 2026

Bushfire-Related Offences in Victoria

Bushfire-related offences in Victoria run from lighting a fire on a total fire ban day, which carries up to 2 years, to intentionally or recklessly causing a bushfire, which carries up to 15 years, and arson causing death, which carries up to 25 years. Even an accidental fire can lead to charges if the law considers your conduct reckless.

By Lauren Tye
6 min read
Updated August 24, 2026

Commonwealth Criminal Charges vs State Charges: What’s Different

A Commonwealth charge is an offence against federal law, investigated by the Australian Federal Police and prosecuted by the Commonwealth Director of Public Prosecutions. A state charge is against Victorian law, run by Victoria Police. Both are heard in Victorian courts, but they use different sentencing and parole systems, and that changes how a case is defended.

By Lauren Tye
6 min read
Updated August 22, 2026

Carrying a Weapon in Public: What the Law Says

In Victoria, carrying a weapon such as a knife in a public place without a lawful excuse is a criminal offence. A controlled weapon carries up to 1 year in prison, and a prohibited weapon, which now includes machetes, carries up to 2 years. Critically, self-defence is not a lawful excuse for carrying a weapon.

By Lauren Tye
6 min read
Updated August 22, 2026

Cannabis Cultivation Charges in Victoria Explained

Growing cannabis is illegal in Victoria, and how serious the charge is depends almost entirely on the number of plants. It ranges from up to 1 year for a small crop the court accepts was not for sale, up to 25 years for a commercial quantity of 100 plants or more. The line between a personal crop and a commercial one is where these cases are won or lost.

By Lauren Tye
6 min read
Updated August 21, 2026

Children’s Court Sentencing Options Explained

The Children’s Court of Victoria has a graded range of sentencing options for young people, from dismissal, good behaviour bonds, fines, and probation, through supervision, attendance, and youth control orders, up to detention as a genuine last resort. Rehabilitation, not punishment, is the guiding purpose, and most young people are dealt with well below the top of the scale.

By Lauren Tye
6 min read
Updated August 21, 2026

Centrelink Fraud Charges in Victoria Explained

Centrelink fraud is a Commonwealth offence, not a Victorian one. It is charged under the Criminal Code Act 1995, prosecuted by the CDPP, and heard in Victorian courts. Penalties range from 12 months for obtaining a financial advantage to 10 years for deception-based offences, though most matters are far less serious.

By Lauren Tye
7 min read
Updated August 20, 2026

What Happens If Your Legal Aid Application Is Rejected?

A rejection is not the end of the road. If Victoria Legal Aid refuses your application, you can ask for a reconsideration within 14 days, and if that fails, apply for an independent review within 21 days by a reviewer appointed by the Attorney-General. You can also reapply if your circumstances change, use a duty lawyer or community legal centre, or engage a private lawyer, many of whom offer fixed fees or payment plans. For a serious charge, the right to a fair trial can even require representation to be arranged.

By Lauren Tye
9 min read
Updated August 20, 2026

Breach of a Community Correction Order: What Happens?

In Victoria, breaching a community correction order is a separate criminal offence carrying up to 3 months in jail or a fine of 30 penalty units. On a proven breach the court can confirm the order, vary its conditions, or cancel it and re-sentence you for the original offence, which is where the real risk sits.

By Lauren Tye
7 min read
Updated August 19, 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.