Defending Victorians for over 50 years

Most people charged with criminal offences in Victoria do not go to jail. Outcomes such as diversion, dismissals, adjourned undertakings, fines and community correction orders are far more common, especially for first offenders. The risk of imprisonment depends on the seriousness of the offence, your history and your personal circumstances. Good preparation can make a real difference. See Pleading guilty and sentencing.

Stay calm and be polite. Give your name and address if asked, but you have the right to remain silent and do not have to answer other questions. Ask to speak to a lawyer before any interview, and do not sign anything you do not understand.

Call us on (03) 9670 4357. See Arrested or questioned by police.

No. You have the right to remain silent and the right to contact a lawyer before a police interview. Whether to answer questions is an important decision that depends on the evidence police have, so get advice first. Anything you say can be used as evidence.

Diversion allows an eligible person, usually a first offender, to complete conditions such as an apology, a donation or counselling in exchange for the charges being discharged without a finding of guilt. Police must consent. See Diversion.

It depends on the charge, your criminal history and whether you were already on bail. For some offences you must show a compelling reason or exceptional circumstances before bail can be granted. Stable accommodation, support and a treatment plan all help. See Bail applications.

Under Victoria’s spent convictions scheme, most adult convictions are spent after 10 years without reoffending, and convictions for young people after 5 years. Findings of guilt without conviction are generally spent immediately. Some exceptions apply. See Criminal records and spent convictions.

The minimum age of criminal responsibility in Victoria is 12. Young people aged 12 to 17 are usually dealt with in the Children’s Court, where the focus is on rehabilitation and detention is a last resort.

However, under laws passed in 2025, young people aged 14 and over charged with certain serious violent offences can be tried in adult courts and face adult penalties. See Children’s Court of Victoria.

You may qualify for a grant of legal assistance from Victoria Legal Aid. Eligibility depends on your income and assets, the type of charge and the risk of imprisonment.

Tony Hannebery Lawyers is a member of Victoria Legal Aid’s Summary Crime and Indictable Crime panels. If you are eligible, we can apply on your behalf. See Legal aid.