The Magistrates' Court of Victoria is an Open Court. This means that the Magistrates' Court is open to all members of the public, allowing persons to attend Court to hear a case. Despite this however, the Court may make an order which prohibits members of the public from sitting in the Court Room for a particular hearing. If this is the case, a notice is posted on the door of the Courtroom. No person, unless a party to the proceeding such as the defendant or Police Informant, shall be permitted to enter into the Courtroom or attend the hearing, if such an Order is made.

If you are charged with a 'summary offence' and you are on a summons, then you should attend the Court. When deciding whether to attend, you should bear in mind that the Court has the power to deal with the summary offences in your absence. When a matter is dealt with in the absence of the defendant it is called an ex-parte hearing. Summary offences include traffic offences, offensive behaviour, minor assaults and property damage.

If you are charged with an 'indictable offence' which can be heard summarily (ie: in a Magistrates; Court), you must attend court or a warrant may be issued for your arrest. Indictable offences are criminal offences and include theft, burglary, the more serious assaults and most of the drug related offences.

If you are on bail then you must attend. Failure to attend court may result in the issue of a warrant for your arrest and the forfeiture of your bail and/or any surety.

The time at which you must be at court is usually endorsed on either your summons, undertaking of bail or advice of hearing notice. If you are unfamiliar with the court building, court procedures or you intend to seek legal aid it is usually best if you attend well prior to the time shown on your summons, undertaking of bail or advice of hearing notice.

Most major court venues are open between 9:00am and 4.00pm, and will usually hear cases between 10:00 am and 1:00 pm at which time the Court adjourns for lunch. The Court then resumes sitting at 2:00 pm until 4:00 pm. Please note there will be some circumstances when this is not practical.  Some of the country courts only open on certain days and for different hours. For more detailed information for each court see under “Court Locations”

See the 'Court Support Services’ and ‘Criminal Justice Diversion Program’ sections of this website.

Duty lawyers from Victoria Legal Aid are available at the Court every sitting day. If you wish to obtain the services of a duty lawyer you should attend court earlier than the time indicated on your summons, undertaking of bail or advice of hearing notice and advise the Court Coordinator that you would like to see the Duty lawyer. Alternatively you may contact Legal Aid prior to your hearing date and request further information and assistance regarding your case.

If the matter is a ‘summary offence’ then the Court has the power to deal with the matter in your absence. When a matter is dealt with in the absence of the defendant it is called an ex-parte hearing. Summary offences include traffic offences, offensive behaviour, minor assaults and minor property damage.

A witness may be summonsed to court for three purposes:

• To give evidence
• To produce documents
• To give evidence and to produce documents

Witness summonses may be obtained from your local court. Please note there are various fees associated with the issue of summonses.