What happens when charges are laid?

Laying charges is the first step in the prosecution process. When a person is charged with an offence, they will either be arrested and taken to court, or be given a notice requiring them to attend court at a future date. When they attend court, they will either be remanded in custody, or be granted bail.  

Victims can contact the CDPP to ask when charges have been laid. You can also ask the date and hearing of any charges laid. Victims can contact the Witness Assistance Service, or the case officer with carriage of the prosecution. 

Sections
Witness Assistance Service

The WAS has experienced social workers located in both our Sydney and Melbourne offices. The WAS staff work closely with prosecutors in  order to provide  information and support to victims of crime and vulnerable witnesses involved in matters being prosecuted across our national office. Our work with victims of crime is performed in accordance with the Victims of Crime and Prosecution policies.

The Witness Assistance Service can provide you with general updates concerning the prosecution case, including

Contacting case officers

If you wish to find out what is happening with the matter you are involved in please contact the relevant CDPP Office and ask to speak with the relevant Case Officer (the lawyer who is responsible for the prosecution). If you would like to be kept updated in relation to the progress of the case, please advise the Case Officer of your wishes and they will ensure this occurs. If possible, when calling the Office please advise the receptionist of the name of the accused as this will assist them to identify the relevant Case Officer handling the particular case you are involved in.

What is custody?

A person who is in custody is either in a remand center (awaiting a hearing) or in prison, serving out a sentence. Pending finalisation of the prosecution, they remain in custody unless they are granted bail.

What is bail?

In criminal proceedings bail refers to the release of a prisoner from legal custody and an agreement, sometimes described as an “undertaking”, to turn up to court.  A person on bail may be required to abide by certain conditions, for example living at a certain address, not being allowed to contact certain people, or reporting at a police station.