Magistrates Court of The Australian Capital Territory - Commencing Cases

Commencing Cases

Criminal cases are usually commenced by laying an information before a magistrate. An information is similar to a complaint or a charge. The magistrate may then either issue a summons for the defendant to attend court voluntarily or may issue a warrant for his or her arrest.

In serious cases, police officers may arrest a person and bring them directly before the magistrate. In any case, the person may be remanded in custody or may be released on bail.

Depending on the seriousness of the crime, the magistrate may sentence the person if found guilty, or may commit the person for trial to the Supreme Court.

Hearings are heard in open court unless there is a law or a good reason for the matter to be heard in closed court.

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