What is the ‘One Punch’ law? Chris Nyst, Criminal Lawyer, explains how the criminal code defines it.

What is an indictment? Chris Nyst, Criminal Lawyer, explains what it means to be charged with a criminal offence in Queensland?.

What is an arraignment? Chris Nyst explains the formal process of reading out a criminal charge in Court.

SERIOUS OFFENCES

Serious crimes are known as indictable offences. These offences include acts such as murder, manslaughter, armed robbery, drug trafficking, serious assaults and fraud.

Indictable Offences

An indictment is simply a written charge presented to the Supreme Court or District Court. Indictable charges are initially brought in the Magistrates Court where there is usually a preliminary hearing, referred to as committal proceedings. At the committal proceedings, the Magistrate will decide whether the defendant has a case to answer on the charge and, if so, will send the case out of the Magistrates Court jurisdiction up to a jurisdiction of a higher court, being either the District Court or the Supreme Court, depending on the seriousness or complexity of the charge.

Once the Magistrate commits the matter for trial the charge is reduced to writing in a document called an Indictment. The Indictment document must be presented by the Director of Public Prosecutions to a judge in the appropriate higher court within six months, although the court may grant an extension of that time in some circumstances. If the Indictment is not presented within six months then the defendant may apply to have the charges dismissed.

Very serious charges such as murder are committed for trial in the Supreme Court.

Committal Proceedings

Committal proceedings are preliminary hearings conducted in the Magistrates Court to determine whether a defendant has a case to answer on a particular charge. That is determined by a magistrate considering the written police statements of the witnesses, subject to any cross examination of those witnesses. These proceedings are a crucial failsafe procedure intended to stop defendants being sent to trial where there is no proper basis to the charge.

What is an Arraignment?

An arraignment is a formal process in which a criminal charge is read out to the court in the presence of the defendant to inform the defendant of precisely what charge they are facing, and to call upon the defendant to plead to that charge. If the defendant pleads not guilty to the charge at the arraignment they can still change their plea later. However, once a plea of guilty is entered on arraignment it much more difficult to reverse such a plea. There are some circumstances where a Court may permit a guilty plea to be withdrawn and substituted, but those circumstances are quite rare.

Bail Applications

In Queensland, in most circumstances there is a presumption in favour of bail, which can be granted either by the police or by a court. In a limited category of offences, for example where the defendant is charged with murder, or an indictable offence allegedly committed while they were on bail for another offence, or where they have allegedly used a firearm in committing the offence, the presumption in favour of bail is displaced, so the defendant must show cause why their detention in custody is not justified. However, it is relatively rare for bail to be refused altogether, and it usually happens only in the most serious cases.

Where the charge is murder a police officer or Magistrate cannot grant bail, and the defendant must bring an application before a Supreme Court judge to be granted bail.

Getting bail will ultimately depend on a number of factors, including the seriousness of the charge, the strength of the prosecution case, and the personal circumstances of the and criminal history of the defendant.

If bail is refused then the defendant is held in custody until the charges are dealt with by the court, or until the defendant can get bail. A defendant who has been refused bail can still apply again for bail, but may need to show a change in material circumstances to justify the grant of bail.

Appealing a Sentence or Conviction

One may appeal any sentence or conviction. However, when appealing a sentence imposed rather than the conviction itself, a defendant needs to first seek leave from the court to appeal. In any case strict time limits apply, so it is important to act promptly. Sentences of imprisonment are routinely appealed, often with some degree of success.

OUR FEES

Nyst Legal is not a Legal Aid firm. We do not take on matters funded by the Legal Aid Office.

Nyst Legal charges a competitive rate for an excellent service and we provide an early estimate of costs for each stage of your matter.

The law in Queensland requires us to disclose information relating to a range of things, particularly legal fees, how they are calculated, how they are charged, and how they are billed. Clients are provided with a Client Services Agreement which sets out all of these items in detail.

There are some matters where Nyst Legal is happy to offer its services for a fixed fee. Less-serious criminal charges to be finalised in the Magistrates Court, such as minor traffic offences including unlicensed driving and drink driving offences, can usually be handled for a fixed fee ranging from $1,000 to $3,000. However, the precise fee will be dependent on the location of the court and the complexity of the matter, and will be advised and agreed in advance.

Bail applications in the Magistrates Courts will vary in complexity but can usually be handled for a fixed fee ranging from $1,000 to $3,000, depending on the complexity of the application and the court location, and will be advised and agreed in advance. Bail applications in the Supreme Courts are charged at an hourly rate.

What are committal proceedings? Chris Nyst, Criminal Lawyer, explains the court process as it relates to more serious offences.

What is an indictment? Chris Nyst, Criminal Lawyer, explains what it means to be charged with a criminal offence in Queensland?.

If I am sent to jail, can I appeal? Chris Nyst talks about appealing a sentence and/or a conviction.

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