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4. How Charges Are Commenced

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 12 Jul 2015
    4. How Charges Are Commenced
  • 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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