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Criminal Matters

The criminal jurisdiction of the Magistrates’ Court of Victoria hears and determines all summary offences and some indictable offences. The Court also conducts committal hearings in relation to more serious indictable offences that must be finally determined in the County or Supreme Courts. The criminal jurisdiction primarily deals with police prosecutions, but also deals with prosecutions by various other prosecuting agencies including Corrections Victoria, Department of Primary Industry, local councils, VicRoads and Victorian WorkCover Authority (WorkSafe).

To view a mock court hearing in the criminal jurisdiction, view a virtual tour of a courtroom in a criminal hearing, and for tips on appearing in court and points to consider before a hearing, please look at our Virtual Court Site.

Summary matters 

Summary matters are those of a less serious nature which are heard by a magistrate. They include traffic offences, minor assaults, property damage and offensive behaviour. Some summary matters can be dealt with in the absence of the defendant if the magistrate deems it appropriate. These are called ex parte hearings.

Indictable matters 

Indictable matters are those of a more serious nature which may be heard by a judge and jury of the County or Supreme Courts. These charges cannot be heard in the absence of the defendant. Failure to attend a hearing by a defendant may result in the issue of a warrant for that defendant’s arrest. Certain indictable offences may be heard and determined by a magistrate with the defendant’s consent. These offences include burglary and theft. Some indictable offences must be heard in by a higher jurisdiction regardless of the wishes of the defendant, for example, murder and rape.

Before a magistrate finds a person guilty of criminal offences, he or she must be satisfied beyond reasonable doubt of the person’s guilt. A magistrate will satisfy themselves of a person’s guilt on the basis of evidence presented or by a plea of guilty entered by the defendant.