Defendants
A defendant, also known as the accused, is someone that has been charged with a criminal offence. The following information will help you prepare for court.
What happens after you are arrested
By law, the police must ensure anyone charged with a criminal offence appears in the Magistrates Court as soon as possible after their arrest.
Legal advice
A defendant is considered innocent until proven guilty beyond a reasonable doubt. It doesn’t matter what the offence is, you should always get advice from a lawyer before going to court.
Before the first mention
You need a copy of the QP9 form, on which the arresting police officer writes down their version of your alleged offence. Prepare what you want to say. You are not obligated to give any evidence in court.
Before a summary hearing or committal hearing
In addition to the QP9 form, you need to know what the prosecutor will try and prove in court and whether you have a defence.
When to go to court
There are four ways you can be made to go to court.
Arriving at court
The process for arriving at court is similar in the Magistrates Court, Supreme Court and the District Court.
Giving evidence
Everything said in court is evidence and must be true and relevant to the case
Pleading guilty or not guilty
You are considered innocent until proved guilty under the standard of proof.