What Happens at a Mention Hearing in Victoria?

If you have been charged with a criminal or traffic offence in Victoria, your first day in court will almost always be a mention hearing. For most people it is their first experience of the criminal courts, and not knowing what to expect is a common source of anxiety. This guide explains what a mention hearing is, what happens on the day, and how to prepare. It is general information about Victorian law and not advice about your specific matter.

What is a mention hearing?

A mention is the first hearing for a criminal matter in the Magistrates’ Court. It is primarily an administrative hearing: its purpose is for the court to find out how you intend to plead and to decide what should happen next. Almost all summary matters begin with a mention, and many straightforward matters can be finalised at this stage.

What happens on the day

When your matter is called, you (or your lawyer) tell the court whether you intend to plead guilty or not guilty. What follows depends on that indication:

• If you plead guilty, the matter can often be heard and finalised at the mention. The prosecution summarises the facts, your lawyer makes a plea in mitigation on your behalf, and the magistrate sentences you — either that day or after an adjournment.
• If you plead not guilty, the matter will not be resolved at the mention. It is adjourned to a contest mention, usually after a summary case conference between your lawyer and the prosecution.
• The matter may be adjourned to a further mention, a case conference, a diversion hearing, a bail application, or a contest mention, depending on what needs to happen next.

Do I have to attend?

In most cases you are required to attend your mention, unless your lawyer appears on your behalf or the court excuses your attendance. If you simply do not turn up to a summary matter, the court may hear and determine it in your absence — an outcome that is almost never in your interests. If you cannot attend, speak to a lawyer about whether your appearance can be covered.

Summary case conferences

Where you intend to dispute the charges, a summary case conference is a discussion between your lawyer and the prosecution, away from the courtroom, to clarify the issues and explore whether the matter can be narrowed or resolved. A well-conducted case conference can lead to charges being withdrawn or reduced before any contested hearing, which can save significant time, cost and stress.

How to prepare for your mention

The most important step is to obtain advice before the day. A criminal defence lawyer can:

• review the charges and the police brief of evidence;
• advise whether you should plead guilty or not guilty;
• negotiate with the prosecution, including about diversion or withdrawal of charges;
• prepare a plea in mitigation if you are pleading guilty; and
• appear with you, or on your behalf, on the day.

Because you can be sentenced at a mention if you plead guilty, going in unprepared can mean facing a penalty — and potentially a criminal record — without having put your best case forward.

If you have a mention coming up in the Ballarat Magistrates’ Court or elsewhere in regional Victoria, contact us for advice. We offer fixed fees and can advise on whether to plead, whether diversion may be available, and how best to approach your hearing.

Frequently Asked Questions

What is a mention hearing?

A mention is the first hearing for a criminal matter in the Magistrates’ Court. It is an administrative hearing where the court finds out how you intend to plead and decides what should happen next. Most criminal matters in the summary stream begin with a mention.

Do I have to attend my mention hearing?

Usually yes, unless your lawyer attends on your behalf or the court excuses your attendance. If you do not attend and have no representation, the court can hear and determine a summary matter in your absence, which is rarely in your interests.

Can I be sentenced at a mention?

Yes. If you attend intending to plead guilty and the magistrate is prepared to deal with the matter, you can be sentenced that day. This is one reason it is important to get advice before your mention, so you are not sentenced without being properly prepared.

What happens if I plead not guilty at a mention?

If you indicate a not guilty plea, the matter does not finalise at the mention. It is usually adjourned to a contest mention, and a summary case conference between your lawyer and the prosecution will generally take place first to identify the issues in dispute and explore resolution.

What should I do before my mention hearing?

Get legal advice as early as possible. A lawyer can review the charges and the police brief, advise whether to plead guilty or not guilty, negotiate with the prosecution, and either appear with you or on your behalf. Going in unprepared risks an outcome you did not anticipate.

How long does a mention hearing take?

The hearing itself is usually short, often only a few minutes before the magistrate. However, mention lists can be busy, so you should expect to be at court for some time waiting for your matter to be called.