The Investigation

If someone makes a charge against you, or if the police suspect that you committed a crime, then they will investigate. Usually this means that they ask questions, visit places, search for things, and so on.

Charge and Arrest

When the police have enough reasons to think that you committed the crime, then they will charge you. The charge is what they say you have done wrong. The police may arrest you when they charge you. Sometimes they may even arrest you before they charge you. If you are arrested but not immediately charged, the law says you must be brought before a Magistrate’s Court within 48 hours of being arrested.

You can immediately ask to contact an attorney. If you appear before a Magistrate you may ask for legal aid to get an attorney.

(See: Rights of arrested people) (See: Applying for legal aid)

Prisoner’s Friend

If you do not have an attorney then you can ask for the Prisoner’s Friend as soon as you get to the court. Every Magistrate’s Court has a Prisoner’s Friend. This person is employed by the state to help people with telephone calls, organising bail money, organising witnesses, and so on. At smaller Magistrates’ courts, a court official called the Clerk of the Court may also be the Prisoner’s Friend.

Statements

When you are charged with a crime, the police usually try to take a statement from you. But you only need to give your name and address. You do not have to give any other information to the police if you do not want to. If you make a statement, try not to say things that you may regret later. Your statement can be used against you in court. The police may not put pressure on you to make a statement, neither may they assault or torture you to get a statement.

(See: Rights of arrested people)