The NSW criminal trial process is the best and fairest method of determining whether someone is guilty of a criminal charge. In this first in a three-part series on criminal trials RMB Lawyers Managing Partner Craig Osborne explains the process from arrest to the point of trial.
When police believe a person has committed a serious criminal offence, they take them to the police station and invite them to participate in a record of interview (ROI).
An ROI is generally recorded by video and involves officers asking a person of interest (POI) a number of questions and the POI answering those questions. There is no obligation to participate in an ROI and refusing to participate does not indicate any form of guilt.
The police may then charge the POI (defendant) with an offence (or a number of them) and make an initial determination as to whether or not bail should be granted, or the person remain in custody.
The matter is first listed in a Local Court where all criminal matters commence. At the first court appearance the Magistrate determines matters like bail and any conditions attached, and will make orders for the police to serve (known as a Police Brief of Evidence - BOI).
The BOI includes the ROI, every witness statement, documentary record, video, audio, scientific and expert report that the police will rely on in attempting to prove the case. The BOI usually takes 6-12 weeks to prepare and is served upon the defendant’s solicitor.
At the next appearance, the matter is adjourned further so the Director of Public Prosecutions (DPP) can “certify” that the police charges against a defendant are the right charges.
At the next appearance, the matter is referred for a case conference between the DPP and the defendant’s solicitor to determine whether or not there will be a plea of guilty to any of the charges.
If the matter is to proceed by way of not guilty and if the charges that are presented are serious enough, the matter will be referred to the District Court for arraignment - when the charges are read to the defendant and pleas are entered.
The matter is then set down to trial before a jury (and in some circumstances a Judge alone). The delay between initial charges and trial in NSW ranges between one and two years.
The DPP and defence lawyers then prepare their respective cases.
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NEXT: Jury Selection
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If you require further information, or simply need advice from experienced criminal lawyer, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.