Frequently asked questions

In most situations you are not required to answer questions about an alleged offence. There are limited circumstances where you must provide certain information, such as your name and address, and different rules apply to some traffic matters and to some investigative bodies with coercive powers.

The safer approach is to be polite, provide the information you are required to provide, and say you would like to speak to a lawyer before answering anything further. That is not an admission of anything and police are used to hearing it.

Read the in-depth article on talking to police →

Drug offences →

Get advice first. Always.

A record of interview is not a conversation and it is not a chance to clear things up. It is evidence, recorded and transcribed, and it will be examined line-by-line for years afterwards.

People routinely talk themselves into charges they would not otherwise have faced, usually while trying to be helpful, and usually by explaining something that sounded harmless at the time. Whether or not to participate is a decision that should be made with advice about what the police already have.

Yes, and you should. If police have asked you to attend an interview, ring us before you go, not afterwards.

It depends on the circumstances. Police have powers to search with a warrant, and in defined situations without one.

If your property has been searched and you think something about it was not right, do not argue it with the officers at the time. Note what happened, who was there, what was said, what was taken, whether a warrant was produced and whether you were given a copy, and raise it with a lawyer. Whether a search was lawful is frequently an issue in drug matters in particular.

When police can search without a warrant →

You should be told what you are being arrested for and cautioned. You can ask to contact a lawyer and, in most circumstances, a friend or relative.

Police can hold you for a reasonable period for investigation, after which you should be either released, released on bail, or brought before a court.

If you or a family member is in custody now, ring our 24-hour emergency number, 0400 284 230.

A summons requires you to attend court on a particular date. Going to that first date is not optional, and not attending can result in a warrant being issued.

Before you attend, get advice. A great deal can be done between now and that date, and decisions made on the day, without preparation, in a corridor, are rarely the best ones.

Less than people expect. The first mention is largely administrative: the charges are identified, the prosecution provides its brief of evidence, and the matter is usually adjourned.

You do not have to enter a plea at the first mention, and you generally should not before you have seen the evidence against you. This is one of the most common and most costly mistakes people make.

Most criminal matters in the Territory start and finish in the Local Court, before a judge sitting alone. More serious matters (homicide, serious sexual offences, large drug and fraud matters) are committed to the Supreme Court, where a trial is heard by a judge and jury.

A matter that is committed to the Supreme Court passes through the Local Court first.

Usually yes, though in some matters a lawyer can appear on your behalf, particularly at procedural mentions. We will tell you which of your appearances you need to attend and will ensure you are excused from as many court appearances as we can.

Neat and conservative. It is not a formality. Courts notice, and the impression you make is part of how you present. If you would wear it to a job interview, it is fine. Think no Snoop Dogg T-shirts in a cannabis possession case.

A straightforward Local Court matter resolved by a plea may finish in a month. A contested hearing takes longer. Supreme Court matters commonly take a year or more, sometimes considerably longer.

Delay is a real feature of the Territory system at the moment and it is worth planning around rather than being surprised by.

The process by which a serious charge moves from the Local Court to the Supreme Court. It is not a trial and does not determine guilt. In some cases evidence is tested at committal, which can be valuable.

For most charges, the honest answer is that it depends on the offence, your history, and the circumstances, and nobody can tell you reliably without seeing the brief.

What we can say is that imprisonment is not the usual outcome for most first offences, that a great deal depends on how the matter is prepared and presented, and that the Northern Territory has mandatory sentencing provisions that apply to certain offences and remove the court's discretion in defined circumstances.

If you are worried about this, ring us. A frank assessment takes one appointment and it costs nothing.

In some circumstances a court can deal with a matter without recording a conviction. Whether that is available depends on the charge, your history, and the circumstances, and it is not possible for every offence.

We pride ourselves in ensuring our clients do not receive a conviction if that is available at law. Speak to us about requesting a non-conviction.

Where it is available it makes a real practical difference, to employment, to travel, and to what appears on a police check. It is worth preparing for properly rather than hoping for.

A court can find a charge proven but decide not to record a conviction. The finding still exists and can be taken into account in future matters, but the practical consequences for employment and travel are significantly reduced.

Mandatory sentencing provisions require a court to impose a particular penalty, or a term of actual imprisonment, regardless of the offender's personal circumstances.

The Northern Territory has mandatory sentencing for certain offences. The provisions have been amended repeatedly in recent years, and whether they apply to your charge depends on the specific offence, the circumstances alleged, and your history.

NT Governments routinely introduce and repeal mandatory sentencing laws, usually around election time. This is not an area where general information or something a friend told you is safe to rely on. Ring us.

Sometimes. The prosecution can withdraw a charge, substitute a different one, or agree to proceed on an amended set of facts. Whether that is realistic depends entirely on the evidence.

What does not work is asking for it. What sometimes does work is a properly prepared submission setting out why a charge cannot be proved or why proceeding is not in the public interest. That is work, and it is done on the evidence, not on request.

Not automatically. Once police have laid a charge, the decision to continue is the prosecution's, not the complainant's, and in domestic violence matters in particular, prosecutions frequently continue even where the complainant does not wish to give evidence.

Once charges are laid, the complainant is merely a witness. They will likely be consulted about the progress of a matter, but charges are rarely if ever withdrawn at the behest of a complainant.

People often want to deal with matters on the day to get it out of their life. Whilst that is possible, you should see the evidence and get some legal advice first. Judges cannot give legal advice and will not always stop you from pleading guilty to something you should not.

We understand the impulse. The process is stressful and people want it finished. But pleading guilty is a decision with consequences that last years, and it is frequently made before anyone has checked whether the charge can actually be proved, whether a lesser charge is appropriate, or whether a conviction can be avoided.

There are real benefits to an early plea where a plea is the right outcome. Get advice first so you know that it is.

Bail is release from custody while a matter is dealt with, usually on conditions. It is not a finding about guilt.

More than you might think, and this is genuinely the most useful thing families can do.

Confirmed accommodation away from any alleged complainant, with someone prepared to put it in writing. A letter confirming employment is available. A surety, someone prepared to commit money forfeited if the person does not appear. A confirmed place in a rehabilitation or counselling program.

An application prepared properly the first time has a far better prospect than one made quickly. Ring us and we will tell you exactly what to gather.

Bail applications →

A further application generally requires new material or a change in circumstances. You do not get unlimited attempts, which is why the first application matters so much.

Where the Local Court refuses bail, an application can be made to the Supreme Court.

Bail applications →

It is an offence, and it can result in bail being revoked. If your circumstances have changed and a condition is no longer workable (a curfew that conflicts with a new job, for instance) the answer is to apply to vary it, not to breach it and explain afterwards.

It depends on the charge and whether the matter is contested, which is why any firm quoting a single figure on a website is guessing.

What we can tell you is how we charge. We quote a fixed fee before we start any work, so you know the cost of your matter in writing before you commit. If the matter changes shape (new charges, or a contested hearing where a plea was expected) we tell you what that means for the fee before it happens, not afterwards.

How our costs work →

Yes. Come in, tell us what has happened, and get an honest assessment of where you stand. There is no charge and no obligation to engage us.

Legal Aid NT has eligibility criteria based on your income, assets and the seriousness of the charge. Aboriginal Territorians may also be able to get assistance through NAAJA, and the Darwin Community Legal Service assists with some matters.

If we think one of those is the better answer for your situation, we will say so at the first appointment. Some matters genuinely do not warrant private representation. We can then assist you in completing a Legal Aid application.

Possibly. Where property has been restrained under forfeiture legislation, there are mechanisms to seek the release of funds for reasonable living expenses, business costs and in some circumstances legal expenses. Those applications need to be made properly and early.

Property forfeiture and proceeds of crime →

Yes. We have a 24/7 emergency phone service on 0400 284 230.

Yes. You are paying us for an honest assessment, not an encouraging one. If the evidence is strong and the sensible course is an early plea and proper preparation for sentence, we will tell you.

Generally, recorded convictions appear on a national police check, subject to the spent convictions scheme. Where a conviction is not recorded, the practical impact is significantly reduced.

What appears, and to whom, also depends on the type of check. A standard employment check, a working with children check and a security clearance each disclose different things.

The Northern Territory has a spent convictions scheme under which certain convictions cease to be disclosable after a period without further offending. It does not cover every offence, and there are categories of check where spent convictions can still be disclosed.

It can. Criminal convictions can affect Australian visas and permanent residency, and a number of countries, the United States in particular, ask about criminal history and drug offences specifically when you apply to enter.

If you are not an Australian citizen, or you travel for work, raise it at the first appointment. It sometimes changes the approach entirely.

Very likely, particularly where the matter involves violence or a domestic violence order. For anyone who shoots or fishes remotely, this is often a more significant practical consequence than the penalty itself.

Not from us. Whether they find out otherwise depends on your industry, your employment agreement, and whether your role requires disclosure or a check. Court proceedings are generally public, and some matters are reported.

If you hold a professional registration or a security clearance, there may be an obligation to disclose. Raise it early.

Court proceedings are generally open to the public and the NT News reports the courts daily. There are restrictions in some categories of matter, including proceedings involving children.

We cannot control what is reported, but we can tell you honestly what the likelihood is.