AUSTRALIAN CRIMINAL LAW

Every day, a number of Australians are subject to crimes such as burglary, car theft and assault; while a smaller proportion of population is affected by more serious crimes such as homicide, blackmail, robbery and kidnapping.

Criminal law involves prosecution by the government of a person for an act that has been classified as a crime. Civil cases, on the other hand, involve individuals and organizations seeking to resolve legal disputes.

A crime is any act in violation of a public law forbidding it. Though there are some Commonwealth law crimes, most crimes in Australia are established by the State or Territory governments.

In a criminal case the State, through a prosecutor, initiates the suit, while in a civil case the victim brings the suit. Persons convicted of a crime may be incarcerated, fined, or both. However, persons found liable in a civil case may only have to give up property or pay money, but are not incarcerated.

BEING CHARGED WITH AN OFFENCE

People are generally charged with criminal offences in one of two ways - either by way of arrest or summons.

If arrested, a person is taken to the nearest police station, where they are formally charged. Usually they are photographed and fingerprinted. Bail is usually allowed unless the case is a very serious one, or the person has a bad bail history. A deposit of money is not normally required.

If a person is charged by way of summons, the police simply provide them with a document outlining the charge. Regardless of the method of charging, the person charged will normally be required to appear in court a couple of weeks later.

When a person is charged by way of summons, the question of bail is normally determined by the Magistrate at the first court appearance. Again, a deposit of money is not normally required.

A Magistrate can impose certain conditions of bail - including the payment (or promise) of money, regular reporting to a police station, living at a certain address or having no contact with a particular person.

YOU'VE BEEN CHARGED WITH A CRIME: NOW WHAT?

How your matter progresses through the court system will depend on the type of offence with which you have been charged. If the offence charged is of a particularly serious nature (such as assault, fraud, drugs or murder), it is likely to be determined in the District or Supreme Court.

Less serious matters (such as drink driving, shoplifting, minor assaults) can usually be dealt with in the Magistrates Court. It will sometimes be a decision for the prosecution, or the Magistrate, as to which court will hear your matter. For certain charges, you as the Defendant can elect which Court will hear the matter.

To convict a criminal defendant, the prosecutor must prove the defendant guilty beyond a reasonable doubt. As part of this process, the defendant is given an opportunity to present a defence.

Sentencing and punishment for crimes is often harsh. Criminal prosecution can be advanced against children (juveniles) and adults alike.

Committal Hearing

A committal hearing is a very important right available to an accused person facing a trial in a higher court. The committal hearing is a preliminary hearing which occurs in the Magistrates Court prior to trial. It allows the defence an opportunity to test the police evidence and cross-examine witnesses.

Barristers

Barristers are lawyers who specialise in the presentation of oral arguments in court. Their expertise is in the area of advocacy and the rules of evidence. In matters heard in the District and Supreme Courts, it is highly desirable to be represented by a barrister.

National Crime Authority

The National Crime Authority is an independent statutory authority, Australia's sole national law enforcement agency and the only agency with a specific charter to investigate complex organised crime. Its obligations are to serve the national interest, encompassing the interests of both Commonwealth and State.

Facing a criminal charge can be one of the most frightening times in a person’s life. The criminal process is quite detailed, rigorous and time consuming. The courts system is complex and sometimes very confusing. It is often stressful on both the individual suspected of the crime, and that individual's family & friends.

In these circumstances, a lawyer will use their experience to provide you with realistic and objective advice. It is only through proper, professional advice that you can make the appropriate decisions concerning your future.