The criminal justice system is designed to uphold the rule of law while ensuring fair treatment for individuals accused of crimes. The process typically involves three key stages: arrest, charge, and conviction. Understanding each stage helps to clarify what individuals can expect when involved in a criminal matter.

Arrest

An arrest occurs when police detain an individual they reasonably suspect has committed a criminal offence. From the moment of arrest, the person is no longer free to leave.

Police are legally allowed to use reasonable force if necessary during the arrest process. Importantly, resisting arrest is considered a separate criminal offence and can lead to additional charges.

Charge

After an arrest, police may formally charge the person. A charge is a legal statement that outlines the alleged offence, including what occurred, when, and where it took place.

The accused is presumed innocent until proven guilty.

Charges can also be issued without an arrest. In such cases, the individual may receive a Field Court Attendance Notice (FCAN) or a Future Court Attendance Notice (FCAN), which requires them to appear in court on a specified date.

Once charged, the accused will be given a court date to respond to the allegations.

Conviction

A conviction is recorded when the accused is found guilty of the offence, either through a guilty plea or after a trial where guilt is established.

Upon conviction, a range of penalties may be imposed, including:

• Fines
• Imprisonment
• Community-based orders

A conviction becomes part of the individual’s criminal record, which may have long-term implications.

However, in some circumstances, a non-conviction outcome can be granted. For example, in New South Wales, a Section 10 dismissal allows a court to find the offence proven but not record a conviction.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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