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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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Appeal Against Conviction vs Appeal Against Sentence

An appeal against conviction challenges the finding that you are guilty. An appeal against sentence accepts the guilty finding but argues the penalty is wrong. They are different applications, with different arguments and different risks, and choosing the right one is the first real decision in any appeal.

By Lauren Tye
9 min read
Updated July 17, 2026

How Are Sentencing Hearings Different From Trials?

A trial and a sentencing hearing do two completely different jobs. A trial decides whether you are guilty, with the prosecution having to prove the charge beyond reasonable doubt, often before a jury. A sentencing hearing, also called a plea hearing, only happens after guilt is established, by a guilty plea or a guilty verdict, and its job is to decide the penalty. There is no jury at a sentencing hearing, the standard of proof works differently, and it is the stage where your lawyer presents everything in your favour under the Sentencing Act 1991 (Vic).

By Lauren Tye
8 min read
Updated July 16, 2026

Can You Represent Yourself in Magistrates’ Court?

Yes. You have the right to represent yourself in the Magistrates’ Court of Victoria, and many people do for minor matters. But the court cannot act as your lawyer, the rules of evidence still apply to you, and the risks rise sharply the moment a charge is contested or a conviction could cost you your licence, your record, or your liberty.

By Lauren Tye
9 min read
Updated July 16, 2026

Armed Robbery Charges: Penalties and Defence Strategy

Armed robbery is one of the most serious offences in Victoria, carrying a maximum of 25 years imprisonment under section 75A of the Crimes Act 1958 (Vic). It is committed when a person commits a robbery while armed with a firearm, imitation firearm, offensive weapon, or explosive. Because the penalties are so high and these cases often turn on identity and the strength of the evidence, defence strategy matters enormously. A well-run defence can challenge the identification, contest whether you were really armed, or work to reduce the charge to robbery or theft.

By Lauren Tye
8 min read
Updated July 15, 2026

Bail Conditions for Family Violence Charges Explained

In Victoria, a bail decision-maker must consider family violence risk in every application, and where a family violence charge is involved, bail conditions commonly include no-contact provisions, exclusion from a residence, and other measures specifically aimed at mitigating that risk.

By Lauren Tye
5 min read
Updated July 15, 2026

Appealing a Magistrates’ Court Decision to the County Court

Yes. If you were convicted or sentenced in the Magistrates’ Court, you generally have a right to appeal to the County Court, and you must lodge a notice of appeal within 28 days. A County Court appeal is conducted as a rehearing under the Criminal Procedure Act 2009 (Vic), so your case is heard afresh and you are not bound by the plea you entered below. You can appeal your conviction, your sentence, or both, but the County Court can also impose a more severe sentence, which is why it must warn you first and give you the chance to abandon the appeal.

By Lauren Tye
9 min read
Updated July 14, 2026

Can Children Be Named as Protected Persons on an FVIO?

Yes. Children can be named as protected persons on a Victorian family violence intervention order (FVIO), either included on a parent’s order or protected by an order of their own. A child does not need to be assaulted directly, being exposed to family violence is enough for the law to treat them as an affected family member.

By Lauren Tye
10 min read
Updated July 14, 2026

Affray and Public Violence Charges Explained

Affray is a serious public violence offence under section 195H of the Crimes Act 1958 (Vic), committed when a person uses or threatens unlawful violence in a way that would make a bystander of reasonable firmness fear for their safety. It carries up to 5 years imprisonment, or 7 years if you wore a face covering. Affray sits within a wider family of public violence offences, the most serious of which is violent disorder under section 195I, involving 6 or more people and carrying up to 10 years. The common law offence of riot was abolished in Victoria in 2017.

By Lauren Tye
8 min read
Updated July 13, 2026

Breach of Intervention Order: What Happens?

Breaching a Victorian intervention order is a criminal offence, not a technicality. Police can charge you, arrest you without a warrant, and a court can impose a criminal record, a fine, or imprisonment, separately from whatever the underlying intervention order itself already restricts

By Lauren Tye
6 min read
Updated July 13, 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?

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.

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.