In Queensland, police can charge you without arresting you first. Depending on which state you are being charged in, you may receive a Notice to Appear (or a complaint and summons). However, only charges that you are found guilty of will be included in a criminal record and in some cases the magistrate may not record the conviction.
What is a Notice to Appear (NTA)?
An NTA is an alternative to the police arresting you. It will outline what the police have charged you with and the court date you will need to attend. You must comply with the NTA, or you risk a warrant being issued for your arrest and further charges.
You may also receive a Notice to Provide Identifying Particulars which means you have to go to the police station within the time outlined to provide your fingerprints and photograph. This is to confirm your identity in relation to the criminal offence you are being charged with. It is also important that you comply with this notice, or you can face a fine and further charges being laid against you.
If you receive an NTA and/or an identifying particulars notice, you should seek legal advice straight away. The police must follow specific procedures, and understanding your rights is crucial to a fair outcome.
What is a complaint and summons?
A complaint and summons may be issued for minor offences or in a range of other situations such as fraud or tax offences. A complaint and summons is usually served in person to the accused, or to their lawyer if they already have one. This will outline what the charge is along with the court attendance date.
What should I do if I receive an NTA?
When the police give you an NTA, seek legal advice immediately to make sure you follow the right steps to get a fair outcome. If you’re feeling unsure, it’s helpful to note that lawyers may provide a free initial consultation to talk through your situation and offer information about next steps. This is simply a discussion to understand your case, make sure you know your individual rights, and give you a clear picture of what the best steps are and what to expect in court. Get in touch with our team if you’d like a confidential and free consultation.
It can help to write down everything you remember or know about the alleged offence you are being charged with. This may give you more clarity on the series of events and recount it to your lawyer. However, if you’re struggling to piece it together, an experienced lawyer will ask all the right questions to draw out the crucial information about your charge and support you through the process.
To make sure you’re properly informed, you will be given a copy of your Court Brief (QP9) document on the first mention of your charges at Court, or you can also request a copy of your QP9 from the police. This document will have the summary of your offence. Your legal representative will obtain a copy of this on your behalf, or you can contact your local Police Prosecution Office.
Can I talk to the police about the charge?
Your initial reaction may be to contact the police to talk through the charge. We generally advise against discussing your charge with the police after receiving an NTA unless you have legal representation. As you’re being charged with a criminal offence, anything you say to the police after receiving the notice can be used as evidence. While unlikely, if the police do ask you to come in for questioning after they have personally given you an NTA, you don’t need to comply as you have a right to remain silent until you have legal representation.
If you need further information or advice relating to a charge that has been made against you, get in touch with our team of experienced lawyers.