Charged With a Criminal Offence in NSW: First Steps and Bail

If you have been charged with a criminal offence in NSW, what you do in the first days can shape the outcome. This guide explains the first steps, how bail works and what to expect when you attend court. It is general information only, and you should speak to a criminal lawyer as early as possible.

What happens when you are charged

Police may charge you after an arrest, or they may issue a Court Attendance Notice (CAN) that tells you which court to attend and when. A CAN is a formal court document. Ignoring it can lead to the matter proceeding without you and a warrant may be issued.

If you are arrested, police must follow rules about how they treat you. In general, you are not required to answer questions beyond giving basic details such as your name and address, and you have the right to speak to a lawyer. Anything you say can be used as evidence, so it is wise to get advice before taking part in an interview. Avoid discussing the allegations with anyone other than your lawyer.

First steps after being charged

1. Get legal advice early. A solicitor can explain the charge, the possible penalties, whether the matter will stay in the Local Court and what options you have.
2. Read the paperwork. Check the charge, the court location, the date and any bail conditions.
3. Write down what happened while your memory is fresh and keep relevant messages and documents for your lawyer.
4. Follow every condition. Breaching a bail condition can have serious consequences.
5. Do not contact witnesses or the complainant about the case unless your lawyer has confirmed it is permitted.

How bail works in NSW

Bail is a promise to attend court as required, and it may come with conditions. It is dealt with under the Bail Act 2013 (NSW). Police can grant bail at the police station, and if bail is refused or you are not happy with the conditions, the court can decide.

When considering bail, the decision-maker looks at whether there is a bail concern, such as a risk that you would fail to appear, commit a serious offence, endanger the safety of a person or the community, or interfere with witnesses or evidence. If there is, bail is refused only where the risk cannot be managed, that is, where it is an unacceptable risk. Factors such as the seriousness of the offence and your criminal history are considered.

For certain serious offences, called show cause offences, you must first show cause why your detention is not justified before bail can be considered. Because the law in this area has been amended several times in recent years, ask your lawyer how the current rules apply to your charge.

Common bail conditions

Conditions can include reporting to police, living at a specified address, a curfew, surrendering a passport or not contacting named people. If a condition is unworkable, a lawyer can ask the court to vary it.

Attending court

Your first appearance is usually called a mention. Most matters start in the Local Court, which deals with the majority of criminal charges in NSW, while more serious matters may move to the District Court or Supreme Court. At early mentions, the court generally records the charge, deals with bail and arranges the next steps, such as when the police will serve the brief of evidence, which is the material police rely on to prove the case.

It is common for the first mention to be adjourned so that you can get legal advice and review the evidence. You can enter a plea at any mention, but you do not have to do so straight away. Pleading guilty without advice can limit your options.

What happens at each stage

• Mentions and case conferences: discussions between the parties about the charge, the evidence and whether the matter can be resolved.
• Plea of guilty: the court proceeds to sentencing, which may happen immediately for minor matters or on a later date.
• Plea of not guilty: the matter is listed for a hearing, where the prosecution must prove the charge beyond reasonable doubt.

Why attendance matters

If you are on bail, you must attend court every time the matter is listed, unless the court has excused you. Failing to attend can lead to an arrest warrant, bail being revoked and further charges. If you cannot attend because of illness or an emergency, tell your lawyer or the court immediately and get supporting evidence, such as a medical certificate.

Legal Aid and other help

If you cannot afford a lawyer, Legal Aid NSW may be able to assist, depending on the charge and your circumstances. The Law Society of NSW also runs a solicitor referral service.

Frequently Asked Questions

Do I have to answer police questions after being charged?

Generally you only need to give basic identifying details. You may speak to a lawyer first, and it is usually sensible to do so before agreeing to any interview.

What if I miss my court date?

The court may issue a warrant for your arrest and, if you are on bail, your bail could be revoked. Contact a solicitor immediately, as it may be possible to have the warrant annulled and the matter relisted.

Can I get bail if I have a criminal history?

Possibly. A criminal history is one factor among many, and the outcome depends on the current charge and the risks identified. Conditions can often address those risks.

Will I go to jail if I am convicted?

Not necessarily. Penalties range widely depending on the offence and your circumstances, and the court may impose options other than full-time custody. A solicitor can explain the realistic range for your charge.

This article is general information only and is not legal advice. Laws and processes change, and every situation is different. Speak to a lawyer about your circumstances before you act.