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"description": "When you receive a charge from the police, the first thing to identify is what stream of the Court is your charge is listed in.Summary Stream– for cases that will begin and end in the Magistrates’ Court. Typical examples are burglary, thefts (not exceeding $100,000), driving offences, minor dishonesty offences and some sexual offences. All traffic infringement contested matters are heard in the Magistrates’ Court.Committal Stream– for cases that are more serious and will likely proceed to trial in either the Supreme Court of the County Court. The law states certain serious offences must proceed through the committal stream, for example rape, armed robbery, aggravated home invasion, murder or where the amount involved exceeds $100,000 (eg: an alleged fraud exceeding $100,000).This document provides an outline of the standard Court hearings for a case proceeding through the Committal Stream of the Magistrates’ Court."
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"description": "When you receive a charge from the police, the first thing to identify is what stream of the Court is your matter listed in.Summary Stream– for cases that will begin and end in the Magistrates’ Court. Typical examples are burglary, criminal damage, driving offences, minor dishonesty offences and some sexual offences. All traffic infringement contested matters are heard in the Magistrates’ Court.Committal Stream– for cases that are more serious and will likely proceed to trial in either the Supreme Court or the County Court. The law states certain serious offences must proceed through the committal stream, for example rape, armed robbery, aggravated home invasion, murder or where the amount involved exceeds $100,000 (eg: an alleged fraud exceeding $100,000).This document provides an outline of the Court hearings for a case proceeding through the Summary Stream of the Magistrates’ Court. The summary criminal process begins when you are served with a charge or bailed to appear at a mention in the Magistrates’ Court."
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"text": "The most important thing is to stay calm. You are required to provide your name and address. It is an offence to provide a false name or address. If you have been arrested, there is a process that the police will follow and by staying calm you will be in a best position to help yourself and exercise your rights properly."
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"text": "In a criminal interview you have a right to silence, and you cannot be compelled to answer questions. Before you choose to answer questions in a police interview, you should consider your options very carefully.nnYou will be cautioned and read your rights, which includes your right to speak with a family member and/or a legal practitioner. You must be given a reasonable opportunity by the police to contact a family member and/or a lawyer. If you have not already done so, you should always exercise your right to contact a legal practitioner when your rights are read to you.nnAs a general rule, particularly when you do not have access to a lawyer, you should exercise your right to silence in a criminal interview. You can do so by answering “No Comment” to all questions asked of you.nnIf there is sufficient evidence to constitute a case against you, you will most likely be charged. Answering questions will, as a general rule, not detract from the police case that already exists – it will only put your opposing view. If there is not enough evidence to warrant you being charged, then refusing to answer questions cannot provide more evidence. As a matter of law, a Court cannot draw any adverse inference against you as a result of you exercising your right to silence.nnWhether you answer questions or not should not affect your chances of being charged. Either there is sufficient evidence to charge you or there is not. The contents of your record of interview will in normal circumstances be admissible evidence against you. If you make admissions in the interview (even if you do not realise that you have), those admissions may provide enough evidence for you ultimately to be found guilty of the offence for which you are being investigated.nnYou should never answer questions on a selective basis, you should either answer no comment to every question or provide your full version of events.nnYou will be requested to provide your fingerprints. If you refuse, the police can use reasonable force to take your fingerprints.nnYou might be advised by a Police officer that unless you cooperate and answer their questions you will not be given bail. Do not be intimidated into answering questions on that basis."
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"text": "Most of the time the police will agree to grant bail at the police station. You will be required to provide an undertaking (or promise) to appear at court on a specified date and additional conditions may be imposed requiring you to report on a regular basis to a police station or to reside at a particular address.nnIf the police refuse to give you bail, you have the right to apply for bail before the court or a bail justice.nnBail may be opposed by the police on the grounds that:-nn(a) you will fail to appear in court;nn(b) you pose a risk to the public;nn(c) you will threaten or interfere with witnesses;nn(d) you will commit further offences.nnFor most charges there is a presumption in favour of granting bail. In the case of murder, serious drug trafficking and serious offences involving firearms, there is a presumption against bail.nnIf the police refuse you bail outside court hours, you may apply for bail to a bail justice. If you are refused bail by a bail justice, the police must then bring you before the Magistrates’ Court as soon as possible. You will then have the right to apply for bail in Court before a Magistrate.nnIf applying for bail before a court, your application must be carefully and properly prepared. If you are refused bail by a Magistrate while represented by a lawyer, you can only bring another application for bail in the Magistrates’ Court if you can establish new facts or circumstances.nnYou should always seek legal advice and representation before applying for bail before a court. A properly prepared bail application requires care and time. In serious cases, a rushed application may increase the risk of bail being refused.nnYou need to carefully consider the advice of your lawyer as when to apply for bail. In some cases, you will be encouraged to wait until the brief of evidence is served. Preparing a bail application where the police have all of the information, and your lawyer doesn’t, is a calculated risk. The consequences of bail being refused where you have a lawyer are that if it more difficult to make a further application for bail. As outlined above, you will need to establish new facts and circumstances and in some cases this is very difficult."
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