Being charged by police can be an overwhelming and stressful experience. Many people do not understand what happens after they are arrested or charged, what their rights are, or what steps they should take to protect themselves.
Understanding the criminal justice process in New South Wales can help you make informed decisions and avoid mistakes that may negatively impact your case.
If you have been charged with a criminal offence, obtaining early legal advice from Criminal Lawyers Group is critical.
WHAT DOES IT MEAN TO BE CHARGED WITH A CRIMINAL OFFENCE?
A criminal charge occurs when police formally accuse a person of committing an offence against the law.
Charges can range from relatively minor offences dealt with in the Local Court through to serious indictable offences heard in the District Court or Supreme Court.
Common criminal charges in NSW include:
- assault offences;
- drug possession and supply offences;
- domestic violence offences;
- fraud and dishonesty offences;
- traffic and drink driving offences;
- sexual offences; and
- firearm offences.
Once charged, the matter enters the criminal justice system and court proceedings begin.
WHAT HAPPENS WHEN POLICE ARREST YOU?
Police may arrest a person where they suspect on reasonable grounds that the person has committed an offence.
After arrest, police usually:
- take the person to a police station;
- formally caution the person;
- conduct an interview;
- take fingerprints and photographs; and
- decide whether to grant bail or keep the person in custody.
Anything said to police may later be used as evidence in court.
For this reason, it is usually advisable to obtain legal advice before participating in a police interview.
For urgent assistance after arrest, contact Criminal Lawyers Group – Criminal Defence Lawyers Sydney.
SHOULD YOU PARTICIPATE IN A POLICE INTERVIEW?
A person generally has the right to remain silent during a police interview.
In many cases, exercising the right to silence is the safest option, particularly where:
- police already suspect involvement in an offence;
- the allegations are serious;
- emotions are heightened; or
- the person does not fully understand the allegations.
Police interviews are electronically recorded and frequently relied upon by prosecutors during criminal proceedings.
Statements made during interviews can significantly affect the outcome of a case.
WHAT IS BAIL?
Bail is a person’s release from custody while criminal proceedings continue.
Police or a court may grant bail with conditions attached.
Common bail conditions include:
- reporting to police;
- residing at a specified address;
- surrendering passports;
- non-contact orders; and
- curfews.
In more serious matters, bail may be refused and the accused person may remain in custody until the matter is finalised.
Bail applications in NSW are governed by the Bail Act 2013 (NSW).
WHAT IS A COURT ATTENDANCE NOTICE?
Most criminal charges proceed by way of a Court Attendance Notice (CAN).
The CAN sets out:
- the offence alleged;
- the date of the alleged offence;
- the court location; and
- the first court appearance date.
Failing to attend court can result in:
- an arrest warrant being issued; and
- the matter proceeding in your absence.
WHAT HAPPENS AT THE FIRST COURT DATE?
The first court appearance is usually called a “mention”.
At this stage, the court may:
- adjourn the matter for legal advice;
- set a timetable for service of evidence;
- determine bail issues; or
- enter a plea of guilty or not guilty.
In many cases, the prosecution will provide a brief of evidence containing:
- police statements;
- CCTV footage;
- body-worn camera footage;
- forensic evidence; and
- witness statements.
This evidence should be carefully reviewed before any plea is entered.
SHOULD YOU PLEAD GUILTY OR NOT GUILTY?
Deciding whether to plead guilty or not guilty is one of the most important decisions in a criminal case.
A guilty plea may sometimes result in:
- a sentencing discount;
- reduced legal costs; and
- earlier finalisation of proceedings.
However, pleading guilty without fully understanding the evidence can have serious consequences.
A not guilty plea may be appropriate where:
- the allegations are false;
- the prosecution cannot prove the offence;
- police acted unlawfully; or
- a legal defence is available.
Every case is different and should be assessed carefully based on the evidence.
WHAT HAPPENS IF YOU PLEAD NOT GUILTY?
If a not guilty plea is entered, the matter will usually proceed to a defended hearing or trial.
This may involve:
- cross-examination of witnesses;
- legal arguments about admissibility of evidence;
- forensic analysis;
- subpoenas for records or CCTV; and
- negotiations with prosecutors.
The prosecution bears the burden of proving the offence beyond reasonable doubt.
If the prosecution cannot satisfy that standard, the accused person must be found not guilty.
WHAT HAPPENS IF YOU PLEAD GUILTY?
If a guilty plea is entered, the matter proceeds to sentence.
The court will consider:
- the objective seriousness of the offence;
- the offender’s criminal history;
- personal circumstances;
- remorse and rehabilitation; and
- any subjective material tendered on sentence.
Possible sentencing outcomes in NSW include:
- section 10 dismissals;
- conditional release orders;
- fines;
- community correction orders;
- intensive correction orders; and
- imprisonment.
The appropriate penalty depends on the circumstances of each case.
CAN CRIMINAL CHARGES BE WITHDRAWN?
Yes. Criminal charges may sometimes be withdrawn before finalisation.
This can occur where:
- the evidence is weak;
- witnesses fail to cooperate;
- legal issues arise;
- identification is disputed; or
- negotiations occur with police or prosecutors.
An experienced criminal defence lawyer may make representations seeking withdrawal of charges in appropriate cases.
WHY EARLY LEGAL ADVICE IS IMPORTANT
Early legal advice can significantly affect the outcome of a criminal case.
A criminal defence lawyer can assist by:
- advising whether to participate in a police interview;
- applying for bail;
- reviewing the prosecution evidence;
- identifying legal defences;
- challenging unlawfully obtained evidence; and
- representing you in court.
Delays in obtaining advice can sometimes damage a person’s legal position.
NEED CRIMINAL DEFENCE LAWYERS IN NSW?
If you have been arrested, charged, or are under police investigation, obtaining immediate legal advice is important.
Contact Criminal Lawyers Group for advice and representation in:
- Local Court matters;
- District Court trials;
- bail applications;
- defended hearings;
- sentencing proceedings; and
- criminal appeals throughout New South Wales.