FAQs

You have the right to remain silent and the right to speak with a lawyer before answering any police questions. Exercise both rights. Politely tell the police you wish to speak with a lawyer and will not be answering questions until you have received legal advice. The police may suggest that speaking with them will help your situation or that "innocent people have nothing to hide" - this is not true. Even innocent people can say things that are misinterpreted, taken out of context, or used against them later.

Contact a lawyer immediately, even if you have not been arrested. Your lawyer will discuss the situation with you confidentially, explain your rights, and advise whether you should participate in a police interview. In most cases, the best strategy is to provide a prepared written statement (if appropriate) rather than a police interview, or to decline to comment entirely. Remember: the police are investigating whether to charge you with a crime. Anything you say can and will be used as evidence against you. You cannot "talk your way out" of being charged if the police already have sufficient evidence.

If you have already been arrested, you must be allowed to contact a lawyer before questioning. If the police continue questioning after you have invoked your right to silence or right to a lawyer, do not answer - repeat that you wish to speak with your lawyer. Your refusal to answer questions cannot be used against you at trial.

After arrest, you will be held in custody until your first court appearance, usually within 24-72 hours. At this appearance, the court will address bail and set a timeline for your case. You have the right to speak with a lawyer immediately after arrest - use this right. Do not answer police questions without legal advice. Your lawyer will obtain the police summary of facts and disclosure, explain the charges against you, and advise on your options. The criminal justice process can take months or years depending on the seriousness of the charges and whether you plead guilty or go to trial.

Bail depends on several factors: the seriousness of the charges, your criminal history, whether you pose a risk of reoffending or fleeing, and whether suitable bail conditions can address those risks. For less serious charges, bail is often granted. For serious charges like murder or aggravated robbery, bail is harder to obtain but not impossible. Your lawyer can make a bail application arguing why you should be released, proposing conditions like electronic monitoring or residential restrictions. If bail is declined, you can apply again if circumstances change or appeal the decision to the High Court.

For charges carrying a maximum penalty of two years' imprisonment or more, you have the right to elect trial by jury or trial by judge alone. A jury trial means 12 members of the public decide whether the Crown has proved its case beyond reasonable doubt. A judge-alone trial means a single judge determines both the facts and the law.

Jury trials are often preferred for cases involving: emotional or sympathetic circumstances where ordinary people might understand your situation better than a judge; complex Crown cases where reasonable doubt may arise from conflicting evidence; cases where the defence theory appeals to common sense and life experience; or situations where you want the collective judgment of 12 diverse perspectives rather than one legal mind.

Judge-alone trials may be appropriate for: highly technical legal arguments where a judge's legal training is advantageous; cases involving prejudicial but legally inadmissible evidence where a judge can compartmentalise better than a jury; matters where media coverage or public opinion might inflame a jury; or situations where the facts are straightforward but turn on narrow legal issues.

Your lawyer will advise which option gives you the best chance of acquittal based on the specific facts, evidence, and legal issues in your case. This is a strategic decision that should be made carefully with experienced counsel.

If you plead guilty or are found guilty after trial, the court will impose a sentence. Sentencing options range from discharge without conviction (keeping your record clean) to community-based sentences, home detention, or imprisonment. Your lawyer will prepare sentencing submissions highlighting mitigating factors: your personal circumstances, remorse, rehabilitation efforts, cultural background, mental health issues, and any hardship a conviction or imprisonment would cause. For some offences, you may be eligible for diversion or alternative resolutions that avoid a conviction. Even after sentencing, you may have appeal rights if the sentence is manifestly excessive or the conviction was wrongly entered. Your lawyer will advise on realistic sentencing outcomes and the best arguments for the least restrictive sentence appropriate to your circumstances.

Private instructions: For private clients, barristers charge either hourly rates or fixed fees depending on the type of work. A bail application might be charged as a fixed fee, while a jury trial is typically charged based on preparation time, hearing days, and complexity. Your lawyer will provide a fee estimate upfront and keep you informed of costs as the case progresses. Factors affecting cost include: the seriousness of the charges, the volume of evidence and disclosure, the length of trial, and whether appeals are required.

Disbursements (expert reports, transcripts, investigator costs) are additional to legal fees. Your lawyer will discuss all anticipated costs with you before commencing work. Many barristers offer flexible payment arrangements for private clients.

Legal aid: If you meet the financial eligibility criteria, you may qualify for legal aid funding. Legal aid covers most or all of your legal costs, though you may need to make a small contribution depending on your income and assets. Your solicitor can help you apply for legal aid. Mātai Chambers barristers accept legal aid instructions for serious charges, with some barristers limiting legal aid work to charges carrying life imprisonment.

Contact chambers directly to discuss fees for your specific matter.

For solicitors: Contact chambers directly by phone or email with details of the matter, charge type, court location, and any upcoming fixtures. We will confirm counsel availability and provide fee information. Send formal instructions including: brief of evidence (or available disclosure), charge sheet, client instructions, relevant case law or legal issues identified, and any urgent deadlines. For trials, provide instructions well in advance of the fixture to allow adequate preparation time. We prefer early conferences with clients to establish rapport and discuss trial strategy. For urgent matters such as bail applications or adjournment applications, contact chambers immediately. Fee arrangements and billing protocols will be confirmed upon instruction.

For clients: You can contact Mātai Chambers directly. Our barristers can be instructed directly by clients without needing a solicitor. We are often the first point of contact for people facing criminal charges. Contact chambers to discuss your situation - we will explain the process, answer your questions, and confirm which barrister is best suited to your matter. We work with a network of experienced solicitors who can assist with administrative tasks and payment arrangements. You are also welcome to use your own solicitor if you prefer. We are flexible and will work with whatever arrangement suits your needs best. Our barristers handle all aspects of your defence, from initial advice through to trial and appeal.