If you are charged with possession
What happens if you are charged with possession?
Once you have been charged, you will receive a 'court attendance notice' which sets out what the police allege you have done and when your case will first be heard by the court.
The Court may choose to issue you with a summons if the authorities feel it is better to report than arrest you. A summons states when you are required to attend a particular court on the date specified in the summons. A summon is served by a police officer and this police officer delivers it directly to the person intended.
Bail
If the Police detain you they will also decide whether or not to grant you bail. Bail is an agreement that you will be released from custody on the basis that you attend court on the specified day to answer the criminal charges. Bail may be conditional (for example your family or a friend provides money on the basis that they are assuring that you will attend court. If you do not attend court, they forfeit that money). In Western Australia, if you are under 18 years of age at the time of the offence, you have a qualified right to bail provided your responsible person undertakes in writing to ensure you comply with your bail conditions.
Criminal Proceedings
For criminal proceedings to commence, you must appear before the court. On the day of your first court appearance you will be asked whether you plead guilty or not guilty.
The process of the proceedings will differ based on whether you plead guilty or not guilty.
If you plead not guilty the Court will have a hearing to determine on the evidence presented before it whether you are guilty or not of the charges. If you are found guilty, you will be sentenced.
Pleading guilty
If you plead guilty, you are admitting that you possessed illegal drugs and the Magistrate will decide what your penalty will be.
Your penalty will depend on various factors including:
- Type of drug. Generally the more harmful the drug, the greater the penalty.
- Quantity of the drug. Generally the higher the amount of the drug, the higher the penalty.
- Whether you have any past convictions.
In some cases, the Court may order you to participate in a rehabilitation program.
When seeking legal advice on pleading guilty, you should be aware of the maximum penalties for possession of a prohibited drug.
In some jurisdictions the Court will take your guilty plea into consideration when determining your sentence.
Thanks to the team at Lawstuff for developing this fact sheet.
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