My partner is being tried for drug charges. The prosecution case was weak and his lawyer said it’s very likely he will be found not guilty. He has been on bail for the past week. If he’s found not guilty is he free to just leave?
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Answer by Robert Bailey, Adelaide 5000 SA
- If the judge or jury returns a verdict of “not guilty” the defendant has been ‘acquitted’ of the offence and is usually free to leave the court.
- Sometimes the defendant is only found not guilty because the evidence presented by the prosecution did not prove guilt beyond reasonable doubt.
- If the defendant was not being held on remand and is found not guilty they are free to leave.
- If they were on remand they would either have to be processed by court security if they are on bail or returned to the detention centre they were previously at to be processed and released.