Being released from police custody

If you are charged, you will have to go to court later to face the charges. Your court date will be on your paperwork.

When you are released from custody, the police will ask you ‘Are you satisfied with your treatment by police here today?’ and ‘Has all your property been returned to you?'

If you say ‘yes’ to the questions, you agree that the police have:

• not taken any of your belongings from you
• treated you reasonably.

You do not have to agree if you do not want to. If you are not happy with your treatment, you can also make a complaint.

Bail

Bail means the police release you from custody if you promise to go to court later to face the charges against you. You also promise to obey the law and to follow your bail conditions (rules).

You make these promises by signing a bail undertaking. This will also have the date you must go to court.

To get bail, you may have to agree to conditions such as:

• reporting to the police station
• living at a certain place
• having someone act as bail guarantor for you.

If you do not follow your bail conditions, the police may fine or charge you. They can also ask the court to cancel your bail.

Breaking the law while on bail

You must not break the law while on bail.

It is an offence to commit an indictable offence while on bail. For example, stealing from a shop or possessing drugs. Police can charge you with both the new offence and ‘committing an indictable offence while on bail.’ Police can also ask a magistrate to cancel your bail. If you commit offences while you’re on bail, it will probably be harder for you to get bail in the future.

If police do not give you bail

If the police do not release you, you can ask for bail.

The police must take you to court within a reasonable time so that you can apply to the magistrate for bail. The magistrate will decide if you get bail.

If the court is closed, the police can get a bail justice to come to the station.

A bail justice is an independent person (not a police officer) who decides whether you should be bailed. If the bail justice refuses you bail, you stay in custody until the police can take you to court.

If you have a cognitive disability or mental illness, the police officer must get an independent third person to be with you when you ask the bail justice for bail.

It can be hard to get bail

You might not get bail if:

• the police, magistrate or bail justice thinks the safety of the community is at risk
• you are already on bail and you break another law
• you are charged with a very serious offence.

Help applying for bail at court

A lawyer can also help you apply for bail again later if the magistrate does not give you bail the first time. You will stay in custody until your next bail application.

Summons

The police may charge you and give you a summons. This means you will have to go to court.

The police will serve you with a summons and charge sheet or they can give you a notice to appear. These documents describe the offence the police believe you have committed. The documents tell you when you have to go to court. There will be different steps to take depending on what type of document the police give you.

As soon as you get a summons or a notice to appear, get legal advice.

It's always a good idea to speak to a lawyer before you have to go to court for a criminal charge.

Other support

Find out how you can get other support for your rights when it comes to police powers.