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IMPORTANT COVID-19 COURT NEWS UPDATE
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The Effect of the COVID-19 Emergency on the Victorian Criminal Law System

  • First Published April 18, 2020
  • by Mike Brown
  • Last Updated December 11, 2020

Latest COVID update 11 December 2020

  • Dribbin & Brown Criminal Lawyers are back to fully manned offices.
  • We are conducting client appointments in person, on zoom and over the phone, at our clients preference.
  • The courts are facing an unprecedented backlog of matters and the judiciary are no longer tolerating unsubstantiated adjournments. Clients need to be prepared.

Our advice, if you have a matter listed at Court, do not delay, get into to see one of our lawyers today.

Previous COVID-19 update regarding stage 4 lockdown **** We are still open and appearing in remands and urgent matters as required by our clients and the courts. All of our lawyers are continuing to take client appointments over zoom and the telephone. Our assistants are available to take your enquiry ****

The COVID-19 crisis has impacted all areas of our society. The criminal law and the administration of justice has not been immune.

The Magistrates’ Courts have now adjourned tens of thousands of cases, not deemed a priority, to a nominal date in November. This is to allow the powers that be time to reassess. The matters that are continuing are those hearings that can safely continue or those hearings that must continue. They are bail applications, remands relating to family violence, filing hearings, committal mentions and county court appeals. The criminal lawyers at Dribbin & Brown have been busy at Court most days with these types of matters. The Courts are now also utilising technology called “webex” that allows certain matters to proceed remotely. Our lawyers have been involved in a number of webex hearings.

It appears although police have been remanding less people they are still continuing to charge people, either placing them on bail or summons. This means that there is a huge backlog of cases building. As a result, when the restrictions lift, rest assured the Magistrates will not be entertaining adjournments or any other form of delay. Lawyers and their clients will need to be prepared and ready to go or suffer procedural disadvantages.

Whilst there is a hiatus in matters being finalised it is critical that all preliminary matters that can be addressed behind closed doors, via email and telephone conference with the prosecutors are addressed. The criminal solicitors at Dribbin & Brown have been doing this on a daily basis.

If you have a matter listed at Court it is important that you engage a competent criminal solicitor to assist you now.

Waiting until the day of Court will be a mistake, as stated in this short article, when the restrictions lift, all Courts will be full steam ahead to try and get ahead of what can only be described as a crippling backlog of cases and those that are prepared and ready to move forward will benefit.

Those benefits may accrue in two ways:

The first benefit relates to resolving matters that must resolve early. The Supreme Court has recently stated that an early plea of guilty in the current climate will attract substantial utilitarian value, noting the current public health concerns regarding the COVID-19 virus and the backlog of cases in the Courts. See this recent Supreme Court decision DPP v Bourke [2020] VSC 130 (16 March 2020)

The second benefit relates to being prepared early. As lawyers if we are across the matter early, we will be in a position to put pressure on the prosecution who will be inundated with a backlog of cases.

There are also important ramifications for bail, see the Supreme Court decision of Tong [2020] VSC 141 (26 March 2020), where COVID-19 was used to establish exceptional circumstances as to why an accused should be released on bail, in combination with other factors.

If you have a matter listed at Court or require a bail application, call Dribbin & Brown Criminal Lawyers today, we are operating per our normal hours and have lawyers continuing to appear every day at the local Courts. If you require an appointment, we have video and phone conferencing services available.

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  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.

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Dribbin & Brown

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

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Twitter

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Geelong – 03 8644 7300
Suite 1, 27-31 Myers Street
Geelong Vic 3220

© 2019 Dribbin & Brown

Dribbin & Brown

  • About Us
  • What We Do
  • The System
  • Criminal Defences
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  • Criminal Lawyers Blog
  • Client Testimonials
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