What happens when I'm charged?

Once the police charge you with an offence, criminal action against you begins.

Offences

Offences are generally either:

• simple or ‘summary’ offences, or
• crimes or ‘indictable’ offences.

Indictable offences are more serious than summary offences. They’re generally dealt with in the Supreme Court.

If you need help understanding your charge, please talk to your lawyer or someone from Legal Aid.

Complaints

The police will record your offence on a ‘complaint’. This document contains:

• your name and address
• the offence you are charged with
• a brief summary of the details of the alleged offence.

First court appearance

Once you are charged with an offence and if the police do not grant bail, the police bring you before a Magistrate as soon as possible. At this first appearance, you have a right to:

• have your matter adjourned (postponed) to another date, to decide whether you’ll plead guilty or not guilty and to seek legal advice if you wish to
• plead to the charge at that first appearance.

At this point, the Magistrate can either remand you in custody (that is, place you in gaol) or on bail.