Being charged with an offence

If you’re charged with an offence, you may have to appear in court.

The police don’t have to arrest you to charge you with an offence.

When you need legal advice

Get legal advice if you:

  • have been charged with an offence and have to go to court
  • have missed your court date and think there might be a warrant out for your arrest.

How to get legal advice

How you can be charged

There are four ways you can be charged with an offence and made to go to court:

  • the police could arrest you, and keep you in custody until they can take you to court
  • you could be given a ‘Notice to appear’ (which is similar to a summons)
  • you could be given a ‘Complaint and summons’ to appear in court
  • if you decide to oppose an infringement notice (e.g. attend court instead of paying a fine).

Arrest and detention in custody

The police can arrest you and keep you in custody at a watch-house or remand centre until you can be taken to court.

If you’re arrested, the police must take you to court as soon as reasonably possible so that you can apply for bail. A duty lawyer can assist you in making an application for bail. If you’re given bail, your bail undertaking will say when you need to go back to court and whether you have any bail conditions.

Learn more about being arrested

Notice to appear

Instead of being held in custody by the police, you may be given a ‘Notice to appear’—this will tell you when and where you’ll have to go to court and what you’ve been charged with.

Complaint and summons

You can be charged by being given or sent a ‘Complaint and summons’—this will tell you when you have to go to court and what you have been charged with.

Sometimes the police may arrest you, let you go, and then give you a Notice to appear or send out a Complaint and summons.

Failing to appear

If you don’t go to court on the date printed on your bail undertaking, Notice to appear or Complaint and summons, the court can issue a warrant for your arrest and you may be charged with a further offence called ‘failing to appear’. The penalty for this offence can include imprisonment.

For some offences, if you fail to appear, the court may find you guilty and sentence you in your absence.

You should get legal advice if you’re unable to go to court on your court date.

Going to court

If you need to go to court, you should prepare and get legal advice.

Find out about going to court 

How to get legal advice

We may give legal advice about being charged with a criminal offence.

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Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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