.PNG)
Is this your first time in Court?
Going through the Court Process in Australia as a first time offender can be confusing and intimidating.
Meeting with your Criminal Lawyers
Applying for bail is a situation where you don’t want to risk it all, especially if applying for Supreme Court bail. The loss of liberty for any person is devastating. Obtaining fast, accurate advice, as well as forceful and confident representation, is essential.
Bail is part of the criminal trial process. The presumption of innocence and the right to liberty are two important principles of our common law (judge-made law). They help ensure that our criminal justice system is fair and that everyone is equal before the law. According to these two principles, when an accused person is charged with an offence, they have a right to apply to remain in the community to await their trial. This is called bail. The law for bail in NSW is set out in the Bail Act 2013 (the Act). Under the Act, a bail authority must decide whether the accused person should be held in gaol (called on remand) before their hearing or whether they should be released, with or without conditions, into the community. When the accused person applies for bail they are called the bail applicant.
Bail is part of the criminal trial process. The presumption of innocence and the right to liberty are two important principles of our common law (judge-made law). They help ensure that our criminal justice system is fair and that everyone is equal before the law. According to these two principles, when an accused person is charged with an offence, they have a right to apply to remain in the community to await their trial. This is called bail. The law for bail in NSW is set out in the Bail Act 2013 (the Act). Under the Act, a bail authority must decide whether the accused person should be held in gaol (called on remand) before their hearing or whether they should be released, with or without conditions, into the community. When the accused person applies for bail they are called the bail applicant.
The committal hearing
The committal hearing will be before a Magistrate in the Local Court and traditionally operated to filter out cases that had little or no merit. While the committal hearing is not the trial it is still an extremely important step in the process.
At the committal hearing you cannot be judged guilty or not guilty but the Magistrate hearing your case will judge on the following matters: whether the charged person should be given bail or sent into custody to await trial; andwhether there is a enough evidence for the charge to be proven at trial.Generally, the power of the Magistrate to determine whether the charge shall proceed to trial is limited by the powers of the Department of public prosecutions who can choose to commence trial against a charged person without a ‘hearing’ of the charge. However, the determination by the Magistrate will carry considerable weight.Also, at the committal hearing the evidence against you will be heard and you will have a chance to bring forth your own evidence to answer the charge. You will also be able to use this evidence to argue for bail and, later, in the trial. If the charge proceeds to a trial the committal hearing can aid your defence by providing a preview to the case that will be brought against you.
The trial
The trial itself will be a long and complicated process in which, like the committal hearing, all the evidence will be presented. However, unlike at the committal hearing, the Judge or Magistrate (and, less often, a jury) will make a decision on whether the charge has been proven against you. If it is found that the charge has been proven the Magistrate or Judge will then pass sentence.
Magistrates and Judges will also make a large number of smaller decisions throughout the trial as to which evidence may be admitted for consideration, and will ‘sum up’ the case for the jury (if there is one) in which they will guide the jury in the making of the decision. The actions of the judge will most commonly be the subject of appeals.
It is important to understand what your rights are in the trial. Simply put, the rights of the accused person are to have a fair trial. These will include: to not be judged by prejudicial evidence; the presumption of innocence; to be judged by an impartial judge; to be judged by a jury in certain types of trials; and given a chance to hear the evidence against you and to present your own. In the trial, your lawyer will be a passionate defender of these rights and will be constantly vigilant to be sure that you are given every chance of gaining a fair and just outcome. If it emerges that there were defects in any of these things, and you were convicted because of them, your lawyer will be able to advise you on the options of appealing in a higher court.
Magistrates and Judges will also make a large number of smaller decisions throughout the trial as to which evidence may be admitted for consideration, and will ‘sum up’ the case for the jury (if there is one) in which they will guide the jury in the making of the decision. The actions of the judge will most commonly be the subject of appeals.
It is important to understand what your rights are in the trial. Simply put, the rights of the accused person are to have a fair trial. These will include: to not be judged by prejudicial evidence; the presumption of innocence; to be judged by an impartial judge; to be judged by a jury in certain types of trials; and given a chance to hear the evidence against you and to present your own. In the trial, your lawyer will be a passionate defender of these rights and will be constantly vigilant to be sure that you are given every chance of gaining a fair and just outcome. If it emerges that there were defects in any of these things, and you were convicted because of them, your lawyer will be able to advise you on the options of appealing in a higher court.
protecting your future
It is important to remember that the Court (whether it is a Local Court, a District Court or the Supreme Court) will be making decisions that will affect your future and the future of those around you. During your trial, your legal representative will become an important figure in your life. Putting your future in the hands of any one other than a qualified criminal law expert is very risky and should be avoided.
If you are facing a criminal charge, don’t risk taking on the case yourself.
If you are facing a criminal charge, don’t risk taking on the case yourself.