According to the law, from making arrest to taking to the lower court requires some basic stages to be gone through which are arrest, warrants, interrogation, bail, crime commission and related other bodies, local court proceedings and committals.
According to law definitions, a person is arrested when police make it clear that he/she is not allowed to roam freely anymore until further decisions are given. Police may ask questions to the suspect after arrest. Well, it is not mandatory to answer. But there are always some exceptions which you have to understand if you face any and act accordingly. The best idea is always to call your lawyer to deal with police so that any kind of mishaps don’t take place. Police may have the authority to search you anytime if they have reasonable suspicions.
The arrest has to be made always after having some reasonable grounds. And when someone is to be arrested, police must inform the person clearly of the grounds and facts for arrest. After the arrest police can take your fingerprints or photos or other particulates for further enquiry.
There are different kinds of warrants available that can be issued at any time. Surveillance warrants are, in simple words, permissions for monitoring one’s day to day works. It can be done by tapping telephone, or by implying a surveillance team to follow and monitor and so on. But this kind of warrants must be issue only after ensuring the fact that he person being monitored knows about the surveillance. Otherwise, it will be unlawful. And this kind of warrants also require specifics about the officer who asked for the warrant.
Each and every kind of warrants (especially the surveillance ones) requires written application mentioning the period of surveillance, the possible offences for which the surveillance is being asked, particulars about the officers who will exercise the surveillance and so on.
Interrogation is a challenging thing to deal with. But there are some rules also for interrogation. Police cannot interrogate a child in the absence of any support person. It is strictly prohibited. There are also rules for interrogating aboriginals. For mentally underdeveloped persons, interrogations should be done in the presence of any guardian or friend. Records of interviews (written document) are kept for further usage in the court and a copy of that document is given to the defendant for reading it out loud. Any kind of confession or admission given by the suspect at the time of preliminary questioning time must be noted in notebook.
If a person is accused of an offence which is not punishable by taking in custody, or under the Summary Offences Act, he/she then must have the opportunity to get released on bail. Sometimes there are presumptions on bail, sometimes there are not, even sometimes there are presumptions against the bail. A person can apply for bail by any police officer or by the local court or by the district court.
Crime commission is extremely important for proceedings. A person who wants to be the witness has to appear before crime commission and also has to show the evidence.
There are some certain procedures to follow in case of local court proceedings. There are stuffs like summary proceedings, adjournments of summary proceedings, openings and closings, Non-Publication orders etc.
Committal is one kind of administrative proceeding in the Local Court. It is done for to determine whether a person charged should be committed for trial or sentence in the Supreme Court or District Court or not.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.