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A Charge is Laid

Police need to gather sufficient evidence to identify and charge the offender. Where there is not sufficient evidence, charges cannot be laid. Where there is enough evidence the police may either summons the offender to come to Court or arrest them and a Magistrate may release them on bail or remand them in custody to appear at the next available Court.

If an offender is release on bail, there may be conditions placed on them including that they have to regularly report to the Police Station and sometimes directing that they cannot have contact with the victim or other witnesses.

If an offender is summonsed or bailed to appear in Court and does not attend, a warrant for their arrest can be requested.

Once the charge is laid, the police must provide all the documentation for the case to the prosecutor. The prosecutor will review the evidence to ensure it is sufficient to make a legal case and will manage the case when it comes before the Court. Depending on the charge laid and the maximum penalty that can be imposed on that charge, the case will either be dealt with by the Magistrates Court or the Supreme Court. However all matters start in the Magistrates Court.

Court Process