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 a Lawyer Get Your Charges Downgraded or Dropped?

Sometimes, yes. A criminal lawyer can often get charges downgraded to a lesser offence or withdrawn altogether through charge negotiation with the prosecution, usually by making written representations that expose weaknesses in the evidence or argue that continuing is not in the public interest. But a lawyer cannot guarantee it. The prosecution decides whether to withdraw or amend a charge, applying a test of whether there is a reasonable prospect of conviction and whether prosecution is in the public interest.

By Lauren Tye
9 min read
Updated August 10, 2026

Can a Criminal Record Be Removed or Sealed in Victoria?

In most cases a criminal record is not deleted in Victoria. Instead, under the Spent Convictions Act 2021 (Vic), a conviction can become “spent,” which means it is no longer disclosed on most police checks and you generally do not have to reveal it. Many convictions become spent automatically after a conviction-free period of 10 years for adults or 5 years for children, some are spent immediately, and serious convictions need an application to the Magistrates’ Court. True removal, or expungement, is only available in narrow cases.

By Lauren Tye
9 min read
Updated August 8, 2026

Coroners Court of Victoria: When Is It Involved?

The Coroners Court of Victoria is a specialist court that investigates certain deaths and fires under the Coroners Act 2008 (Vic). It gets involved when a death is a “reportable death,” such as a death that is unexpected, unnatural, or violent, a death in custody or care, or a death where the cause is unknown. A coroner works out who died, how, and why, and can make recommendations to prevent similar deaths. It does not decide whether anyone is guilty of a crime, but it can refer a matter for possible prosecution.

By Lauren Tye
8 min read
Updated August 7, 2026

Aggravated Burglary: Understanding the Charge

Aggravated burglary is a serious indictable offence under section 77 of the Crimes Act 1958 (Vic). It is a burglary made more serious by an aggravating factor, such as being armed with a weapon, or entering a building knowing or being reckless that someone was inside. It carries a maximum penalty of 25 years imprisonment.

By Lauren Tye
9 min read
Updated August 6, 2026

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.

By Lauren Tye
9 min read
Updated August 5, 2026

Can Police Use Your Phone Data as Evidence Against You?

Yes. In Victoria, police can use your phone data as evidence against you, including messages, photos, call and location records, and app data. They can get it by seizing your phone, using a warrant, or with your consent, and a court order can even compel you to unlock it. Refusing a valid order to provide access is a separate offence.

By Lauren Tye
8 min read
Updated August 4, 2026

Judge-Alone Trial vs Jury Trial: Which Is Better?

In Victoria, indictable criminal charges are tried by a jury of 12, not by a judge alone. Unlike New South Wales and some other states, Victoria has no general judge-alone trial option. The judge-alone trials introduced during the COVID-19 pandemic were temporary, needed a pandemic declaration to be in force, and have since lapsed. So for most people facing a County Court or Supreme Court trial, the real question is not judge versus jury, it is how best to run the defence.

By Lauren Tye
9 min read
Updated August 3, 2026

Arson Charges: What You’re Facing

Arson is a serious offence in Victoria, carrying a maximum of 15 years imprisonment under section 197 of the Crimes Act 1958 (Vic) for destroying or damaging property by fire. If the fire causes someone’s death it becomes arson causing death, with a maximum of 25 years, and intentionally or recklessly causing a bushfire carries up to 15 years. These cases often turn on how the fire started and whether the prosecution can prove you acted intentionally or recklessly, which is exactly where a defence is built.

By Lauren Tye
8 min read
Updated August 3, 2026

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

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.