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

All Articles

SORT BY

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

Bail Variation: How to Change Your Conditions

You can change your bail conditions in Victoria by applying for a bail variation to the court. You cannot simply ignore a condition or rely on telling police your circumstances have changed, because doing that is a breach. An interested party, the accused, police, or the prosecution, applies to the court, which decides whether to change the conditions.

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

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.