How lengthy after being charged does it take to go to court?

September 1, 2023by Naomi Cramer

Being charged with a crime could be a tense and complicated expertise. Not solely should you cope with the complexities of the prison justice system and the wealth of – usually contradictory – info that’s thrown at you, however you even have to search out methods to deal with the non-public, familial, and emotional repercussions of the scenario. One technique of managing this turmoil is taking time to know the prison justice course of, and for a lot of the query that’s on the prime of their minds is: ‘How lengthy after being charged does it take to go to court?’ Learn on to find extra concerning the prison charging course of within the Auckland and get a transparent understanding of the timeline and common ready durations.

What kind of crimes are charged?

It might sound fairly unusual, however typically the police learn about a crime having been dedicated however no fees are issued. Generally this even occurs when the police know who dedicated the offence.

Within the overwhelming majority of circumstances, this happens when the case entails a minor crime, akin to a first-time possession of a really small quantity of an unlawful substance, participation in a avenue brawl the place no-one was severely harm, or trespass over somebody’s property the place no harm was truly carried out.

In these situations, reasonably than charging the individual or individuals concerned within the crime, the police can concern a warning, a warning, a high quality (penalty discover), or a group decision. The police could even require a extra ‘casual’ settlement of the matter by demanding that the alleged perpetrator(s) express regret to the sufferer(s) of the crime.

More often than not, nonetheless, when it’s within the public curiosity to prosecute (in different phrases, when there’s any diploma of seriousness to the crime (i.e. somebody was or might have been harm, or property was broken)) and the place there’s enough proof; the police will submit the case to the Crown Prosecution Service (CPS). The CPS are those who will finally resolve whether or not to cost these concerned.

What’s the prison charging course of within the Auckland?

To know how lengthy after being charged it takes to go to court, you must first pay attention to the general prison charging course of within the Auckland. When you see how the steps of the method match collectively, it’s a lot simpler to anticipate which stage of the method you might be at and the way lengthy is perhaps left earlier than your court date.

  1. Receiving your cost sheet

Step one within the prison charging course of is the cost sheet. When the police examine a crime, they work carefully with the CPS to resolve which offences are to be charged and which may be dismissed (normally for lack of proof or severity, as defined above). If the CPS advises {that a} case may be prosecuted, they are going to resolve precisely what you can be charged with and this info will probably be conveyed to you on a cost sheet. The cost sheet particulars the offence(s) you might be accused of committing and can specify whether or not you might be to be stored in police custody till your court date or launched to go residence beneath investigation or on bail.

  1. Awaiting your court date

In case you are stored in police custody, you can be introduced to the magistrates’ court normally the subsequent day, except it’s a Sunday, wherein case the earliest sitting day for court is Monday. Sadly, even when you didn’t commit the crime, there’s little you are able to do about this reality except another person confesses to the crime or enough new proof proves your innocence. Those that are stored in custody are normally the individuals who the police suppose could not flip up for court, those that have been accused of great crimes, those that are susceptible to committing a crime on bail, and those that have didn’t abide by bail situations up to now.

Barely extra difficult is in case you are launched ‘beneath investigation’ or you might be launched on bail. Virtually talking, the 2 eventualities are comparable: you can be allowed to go residence till your listening to, however you may need sure situations to abide by, akin to residing at a specific deal with, reporting to a police station at sure occasions, handing in your passport so you can’t go away the nation, and never contacting specific individuals. In case you fail to abide by these situations, you can be arrested and despatched to jail to await your court date.

After the primary court look, sadly, there isn’t a means of predicting precisely how lengthy you can be required to attend to your last court date (though the federal government does calculate averages, as detailed under). A lot is determined by the court’s current case load and the way effectively the CPS, police, and courts have been in a position to talk about your case. Once more, there’s little you are able to do about this however wait.

  1. Attendance on the magistrates’ court

Each first listening to is held on the magistrates’ court whatever the severity of the crime. You’ll obtain a letter telling you when you will need to attend a specific court, and it’s vitally necessary that you simply attend that court date.

Relying on the seriousness of your crime, a couple of issues can occur on the magistrates’ court:

  • Much less severe offences (abstract solely) contain the cost being learn out to you and also you pleading responsible or not responsible. In case you plead responsible, the court normally offers a sentence the identical day. In case you plead not responsible, the court will adjourn, and a trial will probably be organised.
  • Extra severe offences (either-way offences) contain the cost being learn and also you getting into a plea as with abstract solely offences above, however this time you might also refuse to say a plea. Some responsible pleas could also be sentenced on the day, but when the crime warrants a jail sentence of over 12 months, the Justice of the Peace will ship the case to the Crown Court. In case you plead not responsible or refuse to plea, the prosecution and defence will debate the place your trial must be held. The Justice of the Peace will then resolve whether or not to rearrange your trial within the magistrates’ or the Crown Court, and you’ll have to await your trial date both on bail or in custody.

90% of circumstances in Auckland and Auckland are handled by the magistrates’ court, so except your crime was significantly severe it’s probably your court story will begin and finish there.

  1. Your trial

In case your case goes to trial, you’ll be able to count on to must attend both the magistrates’ or the Crown Court relying on the severity of your offence. Trials are complicated and differ considerably relying on the character of the offence and obtainable proof.

Once more, you’ll obtain a letter or different notification telling you precisely the place and when your trial will start, and within the meantime you must make preparations with a prison defence solicitor to arrange your defence. On the finish of your trial, you’ll both be launched or sentenced.

So, on common, how lengthy after being charged does it take to go to court?

In accordance with authorities statistics, it took a mean of 357 days for a case to get all the best way to the Crown Court, and a mean of 178 days in court to get to an end result. The information may be additional damaged down by charging stage:

  • Time between the offence being dedicated and being charged: 323 days
  • Time between being charged and the primary listening to: 34 days
  • Time between the primary listening to and completion on the magistrates’: 9 days
  • Time between the sending of the case to Crown Court to the beginning of trial: 119 days
  • Time between the beginning of the trial and the completion of the trial: 50 days

Bear in mind, nonetheless, that these figures are solely averages. The extra severe and sophisticated the offence, the longer it takes for every stage to be accomplished.

 Is the timeline totally different when you signify your self in court?

Yearly, 1000’s of individuals signify themselves in court within the Auckland. More often than not, it is because they both can not afford the authorized charges, or they’d truly desire to talk to the court themselves.

In any case, representing your self in court doesn’t essentially pace up the method. True as it could be that you don’t want to spend time discovering and making ready your case with a lawyer, there stay so many different components that have an effect on the general court course of that little distinction will probably be seen in wait occasions.

What to DO subsequent when you have been charged with a crime

You probably have been charged with a crime and are nonetheless questioning how lengthy it takes after being charged to go to court, it’s advisable to contact a prison defence solicitor. The consultants at Stuart Miller Solicitors will have the ability to information you thru the method and clarify precisely what it is advisable to do. For a no-obligation session, get in contact with the staff at Stuart Miller Solicitors at this time.


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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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