Victorian criminal practice has shifted under reforms that are now in effect. Here is a clear summary of the points raised at last week’s Law Institute of Victoria conference, with the substance credited to the presenters and the underlying legislation noted so you can read it for yourself.
Committal reforms (around six months in)
The new regime removes cross-examination in the Magistrates’ Court for sexual offences, family violence offences under the Family Violence Protection Act, and stalking matters. Where cross-examination is still permitted, the test is more stringent. Generic Form 32 topics are no longer enough, and detailed submissions and analysis are required.
Other changes raised in the session:
- Early committal to the Supreme Court for murder and manslaughter.
- No discharge at the committal stage under the new framework.
- New specialist sex offences and family violence lists in the County Court, operational for about six months and moving quickly, with trial dates often set at the initial directions hearing (targeting September and October 2026).
- 198A applications must be filed before the initial directions hearing, per the relevant County Court practice note.
- The test for pre-trial cross-examination under s 198A now aligns with the higher committal standard, favouring selective, focused applications over broad ones.
Bail reforms
Two pieces of legislation, the Bail Amendment Act and the Bail Further Amendment Act, have introduced changes now fully in effect:
- Community safety is elevated to “overarching importance” in s.1B (from March 2026). Other guiding principles and the presumption of innocence remain.
- For child bail applications, that elevation is read alongside s.3B, recognising that remand can sometimes increase reoffending risk.
- Amendments to s.3B removed the “remand as last resort” language for children, though minimum intervention principles still apply.
- New offences include committing a Schedule 1 or 2 offence while on bail, and a Summary Offences Act offence for contravening a conduct condition. Aggravated burglary was added to Schedule 1.
- New surrounding circumstances in s.3AAA cover caring responsibilities and pregnancy.
- Section 4F introduces a deemed unacceptable risk for repeat bail offenders charged with specified indictable offences, unless the decision maker is satisfied there is a “high degree of probability” the accused will not reoffend.
David Brown of the Junior Bar made the point that the onus still sits with the prosecution. In his view, the defence should not take on the burden of proving a high degree of probability that the accused will not reoffend.
Practical action items for solicitors
- Read the brief immediately on receipt rather than waiting to brief counsel.
- Formulate a case theory early, covering motive, credibility, likely directions, tendency and lies in the record of interview.
- Audit disclosure thoroughly in the Magistrates’ Court and issue subpoenas early. Examples of disclosure wins included an undisclosed surveillance operative who had resigned under investigation, and a matter discontinued after it emerged a pastoral care teacher was never told of the alleged offending.
- Consider plea negotiations early, since resolving to a summary hearing can be strategically preferable.
- Brief counsel at committal stage, and proof witnesses early using an independent solicitor for contentious witnesses.
- Keep 198A applications targeted and well-reasoned, and file them before the initial directions hearing.
Thanks to the Law Institute of Victoria and the criminal law presenters for a clear, useful update. This is one of five wraps from the 2026 LIV conference.
These are takeaways from public conference sessions, shared as general information for the profession. This is not legal advice. Where cases or legislation are named, check the current source yourself.