Coming into contact with the criminal law is daunting and stressful. Most people charged with an offence have never been through a court process before, and the uncertainty about what comes next is often as difficult as the charge itself. Knowing the steps ahead, and where the important decisions sit, makes the process easier to manage.

If you have been charged with a criminal offence, here is what you can expect to happen.

How You Come to Be Before the Court

There are several ways you may be required to attend court. Police may arrest you, charge you at a police station and then release you on bail. Bail means you can remain in the community while your case is dealt with, usually subject to conditions such as reporting to police, living at a particular address or not contacting certain people. You will receive a Court Attendance Notice (CAN) telling you when and where to attend court.

If police refuse bail, you will usually be brought before a court as soon as reasonably possible, where you can apply to a magistrate for bail. You must comply with any bail conditions and attend every required court date.

Alternatively, police may issue you with a CAN without arresting you, requiring you to come to court at some point in the future.

Most criminal matters are heard in the Local Court of NSW or the District Court of NSW. Although there are differences between those courts, most cases follow a broadly similar path.

Your First Court Date: The Mention

Your first court date is generally called a “mention”. It is usually administrative rather than a hearing of the evidence. The magistrate will ask what is happening with your matter, for example, whether you are pleading guilty, pleading not guilty or seeking an adjournment to obtain legal advice.

You should obtain legal advice as early as possible, preferably before entering any plea. A lawyer can explain the charge, review the police allegations, identify possible defences, advise on bail and discuss the likely outcome. A plea is not easily undone once entered, which is why this is one of the most important decisions in the whole process.

If You Plead Guilty

If you plead guilty, the court may sentence you on the same day. In more serious or complicated cases, sentencing may be adjourned so that reports, references or other supporting material can be prepared.

The court will hear submissions about the offence and your personal circumstances before deciding the appropriate penalty. Possible outcomes range from dismissal without conviction or a fine through to community-based orders or imprisonment, depending on the offence and circumstances.

If You Plead Not Guilty

If you plead not guilty in the Local Court, the court will usually make orders requiring police to serve a “brief of evidence”. This is the material the prosecution intends to rely on, such as witness statements, photographs, recordings and forensic evidence. Further mentions may occur to confirm that the brief has been served and that the matter is ready to proceed.

The case will then be listed for a defended hearing. Witnesses may give evidence and be cross-examined, after which the magistrate will decide whether the charge has been proved beyond reasonable doubt. If you are found not guilty, the charge is dismissed. If you are found guilty, the matter proceeds to sentence.

More Serious Matters

More serious offences may ultimately be dealt with in the District Court, where a not guilty plea may lead to a trial before a judge and, usually, a jury. The precise process depends on the charge and circumstances.

The Supreme Court of NSW also hears criminal matters, usually of the most serious kind.

Getting Advice Early

The path a matter takes depends on the charge, the evidence and your own circumstances, so no two cases proceed in exactly the same way. What does not change is the value of understanding your position before your first court date rather than after it. Early advice gives you time to consider the allegations properly, to gather anything that supports your position and to make decisions about your plea with a clear picture of the likely consequences.

If you have been charged with a criminal offence, or you have received a Court Attendance Notice and are not sure what to do next, contact our experienced team to discuss your situation.