Coming into contact with the criminal law is daunting and stressful. Most people have never been inside a courtroom, and the first thing they want to know is simply what happens next.

The process is more structured than it feels from the outside. Knowing the shape of it will not make the situation less serious, but it does make it easier to prepare, and it helps you understand why getting advice early matters so much. If you have been charged with a criminal offence, here is what you can expect to happen.

How Will You Be Required to Attend 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, known as a 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.

Whichever way it happens, the CAN is the document to read carefully. It tells you the charge, the court and the date, and missing that date can create problems of its own.

Which Court Will Deal With Your Matter?

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.

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

What Happens at Your First Court Date?

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.

This is the point where early advice makes the most difference. A plea is difficult to change once entered, and the police facts sheet is often the first thing worth reviewing closely, because what it says and what actually happened are not always the same.

What Happens 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. The community-based orders available in NSW are conditional release orders, community correction orders and intensive correction orders, each with different conditions and levels of supervision.

The timing of a plea can also matter. For serious offences dealt with on indictment, legislation sets fixed discounts on sentence depending on how early a guilty plea is entered. In other matters, a court can allow a discount that reflects the practical value of an early plea. How this applies to you depends on the charge and the stage the case has reached, which is another reason to get advice before your first mention.

What Happens 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.

It is worth being realistic about time. A matter that runs to a defended hearing usually involves several court dates over a number of months, because the brief has to be prepared, served and then reviewed before the hearing can be listed.

What About More Serious Charges?

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.

Charged With an Offence? Get Advice Early

The criminal process has a rhythm to it, and the decisions made in the first few weeks tend to shape everything that follows. Understanding the charge, the evidence and your options before you enter a plea puts you in a far stronger position than working it out as you go.

If you have been charged or have received a Court Attendance Notice, get in touch to discuss your situation. Our experienced team will explain where you stand in plain English and what your options are.