What Happens After a Charge in NSW

How Criminal Charges Are Laid in NSW

Criminal charges in NSW are initiated by police through one of several mechanisms. The method of charging determines immediate procedural consequences.

Court Attendance Notice (CAN)

The Court Attendance Notice is the most common charging document. A CAN:

• Specifies the offence(s) charged
• States the date, time, and court of first appearance
• May be issued in person (field CAN) or by post (future CAN)
• Operates as a summons requiring attendance

Where a CAN is issued and the person is not detained, they are released with an obligation to attend court on the specified date. Failure to attend may result in a warrant for arrest under section 25 of the Criminal Procedure Act 1986.

Arrest and Charge

Where a person is arrested, they are taken into police custody and may be:

• Released unconditionally after charge (with CAN for court)
• Released on bail (police bail) with conditions
• Refused bail and held in custody for court (bail refused)

Arrested persons must be brought before a court within reasonable time—typically the next available sitting day. See From Arrest to First Mention.

Understanding the Charge Documentation

Charge Sheet / Facts Sheet

The prosecution prepares a document (variously called a charge sheet, facts sheet, or statement of facts) outlining the alleged circumstances of the offence. This document:

• Describes the prosecution version of events
• Is used by the court for bail and early case management
• Is not evidence—it is an allegation
• May differ significantly from what the evidence ultimately establishes

Criminal Record / Antecedents

Police provide the court with the defendant's criminal history (antecedents). This is relevant to bail and, if convicted, sentencing. The antecedent record shows:

• Prior convictions (offence, date, court, penalty)
• Outstanding charges
• Bail history
• Current supervision orders

Immediate Steps After Being Charged

1. Obtain Legal Advice

Seek legal advice as early as possible. Early legal involvement can affect:

• Bail applications and conditions
• Police interviews (if not yet conducted)
• Disclosure and case assessment
• Early plea discussions where appropriate

2. Understand the Charges

Review the Court Attendance Notice to understand:

• The precise offence(s) charged (section and Act)
• The date, time, and location of alleged offending
• The first court date
• Any bail conditions imposed

3. Preserve Evidence

Identify and preserve any evidence relevant to defence:

• Text messages, emails, social media communications
• Photographs, videos, or recordings
• Witness contact details
• Receipts, records, or documents showing whereabouts

4. Note Key Dates

Record critical dates and ensure compliance:

• First court appearance date
• Bail reporting requirements (if applicable)
• Curfew times (if applicable)
• Exclusion zone boundaries (if applicable)

What Happens at the First Court Appearance

The first court appearance (first mention) serves administrative and case management purposes. At this stage:

• The court confirms the defendant's identity and address
• Charges are formally read (or taken as read)
• Bail is confirmed, varied, or determined if not previously granted
• The matter is typically adjourned for disclosure and legal advice
• A plea is generally not entered at first mention

First mentions are usually brief. Complex matters proceed through multiple mentions before any substantive hearing. See Mention to Hearing for subsequent stages.

Categories of Offence: Summary vs Indictable

Summary Offences

Summary offences are dealt with entirely in the Local Court before a magistrate. Examples include:

• Common assault
• Low-range drink driving
• Offensive conduct
• Minor drug possession

Indictable Offences

Indictable offences are more serious. They may be:

• Strictly indictable: Must be dealt with in District or Supreme Court (e.g., murder, serious sexual offences)
• Table 1 offences: Indictable but may be dealt with summarily unless prosecution or defence elects for jury trial
• Table 2 offences: Indictable but dealt with summarily unless prosecution elects for jury trial

Election and Committal

Where an indictable offence cannot be dealt with summarily, or an election for jury trial is made, the matter proceeds through committal proceedings in the Local Court before being committed to the higher court.