The criminal law process
How your case proceeds will depend on the offence(s) that you have been charged with. Charges generally fall into 3 categories:
- Indictable offences are serious offences such as murder, sexual assault and robbery, where sentencing may include imprisonment. These offences are dealt with in either the District or Supreme Court, and are usually tried before a jury.
- Simple offences are the most common criminal charges and include offences such as assault, possessing stolen property and unlawful fishing. These matters are normally dealt with in the Magistrates Court without a jury and do not involve terms of imprisonment.
- Either way charges are those that can be classed as either an indictable or simple offence. Examples include indecent assaults, unlawful wounding, assaults occasioning bodily harm, fraud and burglary. At an early stage in the trial process and depending on the circumstances of the charge, the Court will decide whether the offence will be heard as an indictable offence or a summary offence. When tried summarily, the trial process is generally shorter and there is a chance of recovering some costs you successfully defend the charge.
Traffic law offences that do not involve bodily harm or damage such as speeding, drink driving and "hooning" are not criminal offences, rather they are breaches of the
Road Traffic Act 1974. For information about traffic offences, extraordinary driver's licences and disqualification removals visit our
traffic law page.
Find out where you stand
It makes sense to know where you stand in a criminal matter as soon as possible.
We recommend that you attend a short consultation ($99) if you:
- have been charged with a summary offence and are unsure if you want legal representation; or
- want us to give you some initial advice about your charge.
We recommend that you attend an extended consultation ($770) if you:
- have been charged with an indictable offence; or
- have been charged with a summary offence and intend to plead not guilty.
Detail is everything
If you don't know there's a trampoline in the room, you're not going to dust the ceiling for prints (Source: television series Law and Order).
To successfully represent you, we need to know all the facts. Something seemingly insignificant can change the course of a trial. Obtaining a concise and chronological statement of events from you will be the first step in most criminal cases (known as a proof of evidence), along with reviewing all the relevant documents and talking to everyone involved. Having a complete set of facts will save you both time and money in the long-term, as well as allowing us to present your defence in the best possible way.
Help us get it right - bring in any relevant documents, prepare a chronology of events and write down everything you can remember about the incident as soon as you can, while it is still fresh in your mind. The criminal process can be a long one, and you do not want to forget crucial facts if the matter goes to trial.