Being Charged by Police

There are three ways people can be charged with a criminal offences:-

  • being arrested and formally charged;
  • complaint and summons;
  • notice to appear.

Arrest

Arrest means a person is taken to a watch-house and formally charged at that point. The person is usually fingerprinted and photographed. Bail may be granted by the watch-house keeper. If bail is refused at that stage, a person must stay in custody until brought before a magistrate at the earliest possible opportunity and an application for bail may be made to the magistrate.

Complaint and Summons

A complaint and summons allows police to formally put a charge in writing, and serve the document on a defendant. The defendant then has to appear in the specified Magistrates Court on the specified date which is usually about 3 to 4 weeks later. By choosing to charge someone by way of summons rather than by arrest, the police avoid the need to arrest the defendant and take them to a police station. Of course this is also preferable for the person charged.

Notice to Appear

A notice to appear is another alternative by which police can start proceedings against a defendant. A notice to appear is a short document which provides a general description of the offence charged.

If you have been served with a notice to appear, you must turn up to the court at the specified time.

A notice to appear must allow a person at least fourteen (14) days to obtain legal advice before the first court appearance.

The police may also issue a “notice of identifying particulars” with a notice to appear or a summons. This requires that a person charged with an offence attend at a police station within 48 hours to provide identifying particulars (such as fingerprints, photographs etc) as required.

This has the advantage of allowing a person to attend to provide fingerprints at a time convenient to them, as opposed to it being done immediately following arrest. Failure to attend and provide identifying particulars is a criminal offence and the defendant may also be charged with Contravene Requirement.

When a person is charged by way of summons or notice to appear, they are legally obliged to appear in court at the specified time. Failure to appear will usually result in the court issuing a warrant for the arrest of the defendant.

If you have any questions or would like to speak with one of our solicitors, please contact us.

September 16th, 2015 See more in: Criminal Law