Overview of the court process
When police are told about a crime, they investigate and decide whether there is enough evidence to lay charges. When someone has been charged with an offence, they have to go to court. The person charged with an offence is often called the accused person or the defendant.
There are four different courts where criminal offences can be heard in Victoria:
- the Children’s Court (Criminal Division)
- the Magistrates' Court
- the County Court
- the Supreme Court.
The court process is different depending on things like:
- the type of crime (summary or indictable)
- the age of the accused person
- whether they plead guilty or not guilty
- which court the matter is heard in.
Criminal matters start in the Magistrates' Court or the Children’s Court but may move to the County or Supreme Court for trial.
When a child or young person gives evidence in a criminal matter, they usually do so using a video link, from a remote witness room. This may be in the court building or in a different location.
They do not go into the courtroom, and they do not see the accused person when giving evidence.
Your CYWS practitioner will be with you in the remote witness room when you give evidence.
Summary or indictable offences
You will probably hear people talk about summary or indictable offences during the court process.
Summary offences are heard in the Magistrates’ Court.
Indictable offences are usually heard in the County Court or the Supreme Court.
Overview of the different courts
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