Free Guide
What happens after
you're charged with a
criminal offence?
Being charged can feel overwhelming, especially if you've never been through the process before. The process is more structured than most people expect, and knowing what to expect at each stage matters.
- From being charged to first appearance
- What happens at your first court date
- Disclosure and reviewing the evidence
- The plea decision — guilty or not guilty
- Sentencing or defended hearing
- Why early advice matters
1. Being charged
You may be charged at the roadside or at a Police station, or a summons may be issued requiring you to appear in the District Court on a particular date. The charging document (or summons) will set out the charge or charges against you and your first court appearance date. Do not ignore a summons — failing to appear can result in a warrant being issued for your arrest.
2. First court appearance
At your first appearance, the charges are formally put to you. You will typically be asked to enter a plea of guilty or not guilty, though in many cases the matter is remanded without plea to allow you time to get legal advice and review the evidence. This is entirely normal and does not imply guilt.
Bail may also be considered at the first appearance if you have been remanded in custody. If you are on bail, the conditions of your bail will continue. This is not a stage to walk into unprepared — what happens here can affect the rest of your case.
3. Disclosure
After your first appearance, you are entitled to receive the full Police evidence — known as disclosure. This includes any statements taken, evidential breath or blood test certificates, CCTV footage, police notes, and any other material the Crown intends to rely on. Reviewing this material carefully is critical before making any decision about how to proceed.
4. The plea decision
Once you have reviewed the disclosure, the key decision is how to plead. This should not be rushed, and it should not be made without legal advice. The questions to consider are: Is the charge properly made out on the evidence? Is there a viable defence? If the charge is not in dispute, is the focus on minimising the outcome? Is diversion available? Is a discharge without conviction worth pursuing?
Entering a guilty plea too early — before reviewing the evidence — can remove options that might otherwise have been available. Entering a not guilty plea without a proper basis can increase cost and delay without benefit. The right decision comes from reviewing the evidence and getting clear advice.
5. Sentencing or defended hearing
If you plead guilty, the matter proceeds to sentencing — either at the same appearance or a later date to allow submissions to be prepared. If you plead not guilty, the case is set down for a defended hearing at which the Crown must prove the charge beyond reasonable doubt.
Why early advice matters
The decisions made in the early stages of a case, whether to engage a lawyer before the first appearance, whether to apply for diversion, how to plead, whether to challenge the evidence — can significantly affect the outcome. Getting advice before your first court appearance puts you in a far stronger position than arriving without it.