Arrest, bail and attending court

Police custody

After being arrested by the police a person is held in custody at a police station. The police can hold someone in custody for a limited period of time.

The police will either release the person without being charged or charge the person with an offence. If the person is charged they will have to appear at court. DCS become involved when the person has been to court.

Police bail

The police will either release the person on bail or hold the person in custody until their first court appearance.

This will usually be by 4.00pm on the next working day at the court closest to where the offence happened.
Courts do not operate at the weekend or on public holidays.

Going to court for the first time

At the first court appearance the court will decide if there is enough evidence for the case to proceed. If the court decides not to proceed the person will be released.

Court bail or remand

If the case is to proceed the court will also decide to:

  • grant Court Bail to appear at court at a later date and released from custody or
  • remand in custody and take to prison.

The court can also decide whether the person should be held in custody while further information is gathered.

Depending on the nature of the crime or  circumstances the prosecution may argue that the person be remanded in custody. A solicitor or lawyer can help with this process or the person is able to represent themselves in court.

Court bail will probably have conditions imposed. These conditions may require that you are monitored and supervised by a Community Corrections Officer. If a prisoner cannot meet these conditions or the conditions are broken they can become a remand prisoner in custody.

For further information visit Community Corrections Bail Supervision page.

The court hearing and sentencing

Remand prisoners will be transported to their court appointments, or appear by video link. Those on bail are responsible for attending their own court appointments.