After sentencing, the Court may order that a sentence start from the date that you were in remand.There are different prison rules and regulations that control remission (one-third sentence discount) and the Home Detention Scheme. This is not decided by the Court.Property that may have been …
What are Community Based Sentences (CBS)?
Youthful offenders and mentally unwell accused persons may qualify for community based sentences. A Court appointed psychologist and social worker who works with the Community Court assesses the case and suitability of sentencing, and post-sentencing follow-up action …
What happens during the Sentencing process?
If you have pleaded guilty to a criminal charge or if the Court finds you guilty, it will decide on the appropriate sentence guided by sentencing principles, such as, retribution, deterrence, prevention, proportionality and public interest.In considering the appropriate sentence, the Court …
What is a Private Summons?
If the Magistrate hearing the Magistrate’s Complaint is not able to get the parties to settle and the Complainant wishes to proceed, the Magistrate or Judge will give directions on when charges, prepared by the Complainants need to be drawn up and served on the Defendants.The Complainant pays a …
What happens at the Criminal Mediation for a Magistrate’s Complaint?
At the Criminal Mediation, the following can happen:The Magistrate may refer both parties to a Community Mediation Centre where there are a panel of trained and respected mediators or to a Court Mediator. Here, if there is an agreement, the parties can sign a Settlement Agreement. If there is no …
What happens at the Criminal Mediation for a Magistrate’s Complaint?Read More
How do you file a Magistrate’s Complaint?
The person submitting the “Complaint” should do so in a standard Magistrate’s Complaint form, accessible from the State Courts’ website. The Complainant must affirm or swear to the truth and accuracy of the matters stated in the application form before a Magistrate. If the Magistrate is satisfied …