You're under arrest!!!

Contrary to popular belief, Police do not decide who is guilty and who is not. Police are required to investigate crime impartially and let the court decide who is guilty. Any person who is suspected of committing a crime is to be taken before a Magistrate to have the accusation heard.

If Police have reasonable cause to believe an offence has been committed, they then have to take steps to get the person before a court. At this point the person may be placed under arrest.
They are then taken to the nearest Police station, taken to the charge room, and put in the dock.
The dock is a holding cell, reinforced to hold the most violent of suspects.

The charging process

Once a person has been taken to the charge room, Police have four hours to investigate the offence further. This can be extended to eight hours by application to a Magistrate.

Often this investigation consists of interviewing the suspect, however if the suspect asserts their right to remain silent, the charge process begins.

The charge process is purely a method of ensuring the person appears at court at the required time and date.

Fingerprints

Usually a person is entitled to bail. In other words they agree to turn up at court of their own free will. They have to sign a declaration stating they will appear at court, and they have their fingerprints and photograph taken to verify the person who appears at court is actually the person who was arrested at the time.

The cells

Sometimes a suspect will not agree to turn up to court voluntarily, or their records indicates they have failed to appear on previous occasions.

Alternatively the serious nature of the offence means the suspect should not be released back into the community.

In those circumstances the person is not entitled to bail and has to remain in custody until their court appearance

The court date

If a person is refused bail they are taken before the court at the earliest opportunity, usually the next day. If they are given bail, the court date is usually set three weeks down the track, to give the person time to arrange legal representation.

The suspect (now called the Defendant) appears before the Magistrate and has the charge read out by the Police prosecutor. The Defendant then pleads Guilty or Not Guilty.

If the Defendant pleads Guilty, the Magistrate may sentence them then and there.

If the Defendant pleads Not Guilty, a hearing date is set, usually some months down the track, at which point all the witnesses and/or victims of the crime appear in court to give evidence so the Magistrate can determine whether or not the person is actually guilty of the crime.

Page Design © Ian Hunter.
Content © Snr Cst Tony Wood New South Wales Police Service.