What is the Criminal Court process?
When you get charged with a criminal offence, you’re either served with a summons to appear in Court, or you appear in Court the same or next day. Before you appear in Court you should speak with a lawyer – the Court can provide a duty lawyer if you don’t have your own. You can be let go with no conditions (remanded at large), given bail (which has conditions that can include where you must live, people you can’t associate with, places you can’t go and things you can’t do such as alcohol or drugs), or you’ll be put in prison (remanded in custody) until your next Court date. The next step is to enter a plea to either admit guilt or say you’re not guilty. Guilty means you’ll get a sentencing date set. Not guilty means you’ll go to trial, but your lawyer may also negotiate the facts or charges. Before sentencing the Judge usually orders a pre-sentence report, which is completed by a Probation Officer. The report gives the Judge an overall picture of your life circumstances, as well as any mitigating factors (reasons why you may have done the offending), and the sentence options the Judge can choose from.