Police & Criminal Law

State Case Lists

A daily list of the cases to be heard in these State Courts. The list is updated late in the day if you wish to check the list for the following day.

• Supreme Court Daily Court List
• District Criminal

Types of Crime

Summary Offences

• Charges are tried by a magistrate in the Magistrates Court
• Less serious offences than those tried by a judge and jury ("indictable offences")
• Penalties are less severe
• You cannot insist on a jury trial
• Proceedings for a summary offence must be started within 12 months of the alleged offence

Examples of Summary Offences are Drink Driving, street offenses, offensive conduct or language

Indictable Offences

• Charges are tried by a judge and jury
• Extremely serious charges such as murder are tried in the Supreme Court
• Other indictable offences are heard in the District Court
• There is no time limit for when charges must be laid for an indictable offence

Examples of Indictable Offences are murder, robbery, malicious wounding and dangerous driving.

Your Rights, Criminal Law Basics

1. You are innocent until proven guilty.
2. The prosecution must prove your guilt beyond a reasonable doubt.
3. Silence can rarely be used to suggest guilt.
4. A person who has been acquitted cannot be tried again for the same offence. (the double jeopardy rule)
5. A person charged with a summary offence under the Summary Offences Act may ask the police for further details of the charges (for example; where, when and how the police claim the offence occurred).
6. If the police fail to provide these details, then the Court must either adjourn the charge until they are supplied, or dismiss the charge.
7. A request for particulars should be made in writing at least 14 days before the hearing.

The Crime, police and victims of crime chapter by Legal Aid has information on topics such as search and seizure, the questions you must answer for the police and bail.

Applying for Legal Aid

• How to apply for legal aid
• Legal Aid also has a Duty Lawyer Service at many courts.

Acts, Regulations, Rules & Forms

Are you looking for detailed information like this, or contact details for any of the bodies mentioned on this page. If so, then start on our Criminal Law for Lawyers page.

If it isn't there, then start on our Finding Detailed Legal Information page.

Please read our warning on that page "Be careful using these resources".

The Law is not always as straightforward as it appears. We have not included any information about when and how to use that information or any traps. We assume that the Lawyers will know this.

Have you been a Victim Of Crime?

If you have been the victim of a crime, then you may be eligible for Compensation for victims of crime. You may, for example, be eligible for assistance with medical or counselling expenses.

You may also have other legal rights against the offender. For this you will need to see a lawyer.

• Victims of Crime - including support
• Anglicare Victim Support Service and Child Witness Service

Avoiding Trouble

• If the police suspect you of having committed an offence, do not consent or agree for the police to do anything without speaking to your lawyer first.
• The same applies to answering questions, participating in a record of interview or appearing in an identification parade. You must though give your name and address and, in some cases, information about the identity of the driver/owner of a vehicle.
• When the police say they just want to ask a couple of questions to eliminate you from their enquiries or to clear something up - that is often not what they really have in mind.
• The Prosecutor decides whether to drop criminal charges, not the victim.
• Be polite and respectful of the police.
• If stopped by the police, stay calm and in control of your words, body language, and emotions.
• Don't resist a police officer, even if you think you are innocent.

Police Check

A National Police Certificate or a 'police check' provides a summary of a person's criminal history. It is sometimes requested by organisations as one part of their process to ensure the integrity of their staff or volunteers.

Information on applying for a Certificate Fees and charges apply.

Traffic Offences

For information on traffic offices, defending charges, impounding or confiscation of vehiclesk drin / drug driving and penalties see the Legal Aid chapter on Traffic Offences.

Court fines and Infringement Notices

Information on how to pay a fine, what happens if you don't pay it one time, how to ask for an extension of time to pay or to do community service instead is available at the Legal Aid chapters on fines and Infringement Notices.

Sentencing

Often it can be hard to understand why a penalty seems to be too light or too hard when we read or hear about it in the media.

Judge for yourself: A Guide to Sentencing in Australia explains in plain English what goes on in the background in deciding the appropriate sentence.

What factors does the court take into account? How much discretion does the judicial officer have? To what extent is the discretion limited? Why is a particular penalty chosen? Why a non-custodial sentence rather than imprisonment? Why a minimum sentence of three years for a bashing rather than, say, ten years? Is the sentence going to be effective? How will we know?

Character references

A character reference helps to show the court that people in your daily life think highly of you and that you are a person of good character.

It shows the court that you have good qualities, are not likely to offend again if given a second chance and that a more lenient penalty (sentence) may be appropriate.

• Character and other references (Note: discuss any special reasons why a conviction should not be recorded. This is similar to a "spent conviction order" referred to in this WA article)