QUESTION 1: What’s the date and location that your matter is in court?
- This sounds like an obvious question but it’s important that your lawyer checks whether your matter has already been listed at court on an earlier date. If you have missed a court date, the court might have made a decision about your matter even though you were not there or police might have sought a warrant for your arrest.
- If you have represented yourself in court on an earlier date, tell your lawyer.
- If you have been served with a CAN or you are on bail you must attend court on the date and time advised by police.
- In some cases, police might say that you can resolve your matter without going to court and instead complete a ‘Written Notice of Pleading’. Your lawyer can explain the pros and cons of this approach.
QUESTION 2: What are the charges against you?
- The charge/s against you will be listed in a CAN – Court Attendance Notice. A CAN details:
- The date and time you have to appear at court
- Which court you have to go to
- The name of the police officer (or authorised officer) in charge of your matter
- The charges against you
- If you do not have a copy ask your lawyer to get the CAN from police (or the RMS depending on the matter).
- In some cases, police might be considering other charges as they investigate the matter. Make sure your lawyer checks with police that the charges on the CAN are the only ones you will be asked to answer in court.
- If you have other matters before the court, you should tell your lawyer.
- If you have been charged with a drink driving offence you should also have been given a Certificate of Blood Alcohol Concentration.
- If you are charged with an offence involving violence, you might also have been given an Application for an Apprehended Violence Order or a Provisional Apprehended Violence Order and a statement from the victim.
QUESTION 3: Are you on bail? If so, what are your bail conditions?
- If you have been released on bail, you have made a promise to police that you will abide by certain conditions. This is called a ‘Bail Acknowledgement’.
- Your lawyer should check the conditions and make sure that you understand them and are complying with them. Breaching bail is viewed seriously by the court. If you breach bail you might be arrested by police and held in custody.
- Sometimes the only bail condition might be that you come to court on a specific date.
- If the conditions are too onerous or difficult for you to comply with, your lawyer can advise whether the conditions might be varied by a court.
QUESTION 4: What do the police facts say?
- Police will have a version of the facts as they see them. These are called the ‘police facts’.
- It is important that your lawyer has a copy of the police facts and goes through them with you to check if they are accurate.
- Your lawyer can assist to negotiate changes to the police facts if there are inaccuracies.
- Police will not necessarily agree to amend the facts. If you do not agree to the facts your lawyer should advise police that the facts are ‘disputed’.
QUESTION 5: Do you have a criminal record? What is your driving record?
- Your lawyer should ask you whether you have a criminal record. They should obtain a copy of your criminal history, even if you believe you have not been charged or attended court before.
- If your matter involves licence or driving offences ensure that your lawyer has a certified copy of your driving history. You can get a certified copy of your driving record from the RMS.
The information in this document is intended as a guide only. For legal advice on criminal law, driving or AVO matters call Fleur on 0444 580 187 or email fleur@fleurbitconlegal.com