Other Criminal Law
4. How Charges Are Commenced
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 12 Jul 2015
- There are different ways that police can charge a person and require them to attend court to answer the charges against them.
- If you are arrested and charged:
- the police may charge you and then release you conditionally on bail to attend court;
- if the police do not grant you bail automatically then you must be brought to court as soon as is practicable so that you can apply for bail; and
- if you do not attend court as required the magistrate can issue another summons or could issue a bench warrant to arrest you and bring you to court.
- If you receive a charge and summons to appear at court:
- the police can charge you and issue a summons for you to appear at court;
- if you are summonsed to appear in court then you must attend court on the set date;
- a police office may give you the summons (paperwork) or you may receive it in the mail; and
- if you do not attend court as required the magistrate can issue another summons or could issue a bench warrant to arrest you and bring you to court.
- If you issued with a Court Attendance Notice (CAN) or Court Hearing Notice:
- the police can issue a CAN requiring you attend court;
- a CAN is usually mailed to you; and
- CANs are usually used for less serious offences.
- Failure to comply with a CAN is contempt of court and may result in fines or other more serious consequences.
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