Getting started
Just been charged with a criminal offence in NSW? What happens next
The steps between a charge and a court date, and the decisions that matter most in the first 48 hours.
Being charged with a criminal offence is frightening and disorienting. Understanding what happens next, and acting early, can make a real difference to how your matter resolves.
How charges are laid
In NSW you are usually charged in one of two ways: by a Court Attendance Notice (CAN) issued by police, which tells you when and where to attend court; or by being arrested, charged and either bailed or refused bail and brought before a court quickly.
The CAN sets out the offence and the first court date. Read it carefully and keep it, your lawyer will need it.
Your first court date (the mention)
Your first appearance is usually a 'mention', not a hearing. Nothing is decided about guilt that day. It is an administrative step where the court checks that you have the charge documents (the 'brief of evidence' may be ordered), you indicate whether you intend to plead guilty or not guilty, and the matter is adjourned.
You do not have to enter a plea on the first date, and you should not do so without advice. An experienced lawyer can appear for you and often means you don't have to speak at all.
The first 48 hours matter most
The strongest defences are built early, while evidence is fresh, witnesses can be located, and CCTV still exists. Decisions made in the first days (whether to be interviewed, whether to apply for bail, what to preserve) can shape the entire matter.
Before you speak to police, before you enter any plea, get advice.
Frequently asked
Do I need a lawyer for a first court mention?
It is strongly advisable. A lawyer can appear for you, seek the brief of evidence, protect your position on plea, and ensure nothing is conceded that shouldn't be. Often you won't need to say anything yourself.
Can I just plead guilty to get it over with?
Not without advice. Even where you accept you did something wrong, the exact charge, the facts agreed, and the way a plea is presented can change the outcome dramatically, including whether you receive a conviction at all.
This guide is general information about NSW law and is not legal advice. For advice about your specific situation, contact us.
The earlier we start, the more we can do.
Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.