BEING CHARGED WITH A CRIMINAL OFFENCE IN QUEENSLAND
There are three ways people can charged with a criminal offence in Queensland: –
Police physically take you to the watch-house, where they formally charge you with the offence/s. You will either be remanded in custody or granted bail to appear in a Magistrates Court.
Police will give you a document called a ‘Notice-to-Appear’. An example of a Notice-to-Appear is on the following page. The Notice-to-Appear can be issued on-the-spot or after you have been taken to a police station. The Notice-to-Appear should include: –
- a description of the offence/s.
- the Magistrates Court where you have to appear to answer the charge/s.
- the date you have to appear in the Magistrates Court.
If you are issued the notice-to-appear you must appear in Court on the date on the notice. If you do not appear a Bail Act warrant is likely to be issued for your arrest. In some circumstances, the Court may deal with your matter in your absence and sentence you without you having the opportunity to be heard.
(3) SWORN COMPLAINT AND SUMMONS
This is a charge in writing that has been sworn on Oath before a justice of the peace and it is served on you.
What are the most common ways persons are charged with criminal offences?
The most common ways persons are charged with criminal offences are by being arrested or being issued with Notice-to-Appear.
WHAT DOES A NOTICE-TO-APPEAR LOOK LIKE?
Below is an example of what a Notice-to-Appear looks like.
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