What happens in court after you are charged?

The first mention

Your first appearance is usually a mention in the Criminal Mentions Court. The charge is read and explained to you. The court may also deal with bail, and can adjourn the case if the Prosecution needs more time or you want to engage a lawyer.

You are not usually sentenced on the first day. Adjournments can also give your lawyer time to write to the Prosecution asking it to reconsider the charges.

Pre-trial conferences and the CCDC

Before any trial, the court usually holds pre-trial conferences to handle practical matters such as witnesses, evidence and interpreters. The judge at these hearings manages the case but does not decide guilt.

Some cases go through the Criminal Case Disclosure Conference (CCDC) process. The Prosecution serves its Case for the Prosecution, which includes the charge, its witnesses and documents, and any statements of yours it plans to use. You then decide whether to plead guilty. If you claim trial, your side files a Case for the Defence. Whether a case goes through the CCDC depends on the type of case and the court.

If you plead guilty

Pleading guilty means accepting the charge and its key facts. The Prosecution presents a Statement of Facts, and you must admit it fully. If you dispute an important fact, that must be resolved before the plea can go ahead.

Once the plea is accepted you are convicted. The Prosecution may present your criminal record and its view on sentence, your lawyer makes a mitigation plea, and the judge decides the sentence. This can happen on the same day or at a later hearing. An earlier guilty plea can attract more credit at sentencing, but this is not automatic.

If you claim trial

At trial, the Prosecution goes first and calls its witnesses, who can be cross-examined by your side. The court then decides whether there is a case for you to answer. If there is not, you are acquitted without having to give evidence.

If there is a case to answer, you can give evidence and be cross-examined, or stay silent. If you stay silent, the court may draw an adverse inference. Your side can also call other witnesses. After closing submissions, the judge decides whether the charge has been proved beyond reasonable doubt. If you are convicted, the case moves on to mitigation and sentencing.

Appeals and timing

If you are unhappy with the outcome, a notice of appeal must generally be filed within 14 days of sentence. There is no fixed timetable for a whole case. A straightforward guilty plea can be over quickly, while a contested trial with many witnesses can take much longer. This guide is general information only.