A member asked about 7 years ago

Remand and criminal charges

Hi. I was charged with 17 offences and subsequently remanded in prison for eleven months. The police did not have enough evidence at trial and so, after having to pay thousands of dollars for a lawyer to defend me, I had all 17 charges dropped. Being remanded in prison for so long meant that I lost my job, fell behind in paying my bills and I injured myself in prison. I am now relying on welfare payments until my operation. What are my rights?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. In NSW, a person charged with certain serious criminal offences must show cause why his or her detention is not justified, otherwise they may be refused bail and remanded in custody. Even where a person can satisfactorily show cause, a court may still decide to refuse bail if they believe there is an unacceptable risk that the person would fail to appear in court when required, commit an offence while on bail, endanger public safety or interfere with witnesses or obstruct the course of justice.

In your case, the court probably had sufficient grounds for believing that you posed an unacceptable risk if bailed. As a result, you were remanded in custody awaiting your trial. There are no laws that require court proceedings to be commenced within a certain period. The court system is very slow and there can be long delays before a trial is held, especially if the police need to gather a lot of evidence.

A person who is injured whilst in custody, may be able to claim compensation from the State, however, this is a complicated process and often there are many barriers to making a successful claim. Depending on the circumstances surrounding your injury, while it may ease the financial burden you are currently facing, you should know that seeking compensation from the State is a complicated area of law and you would need expert advice from a lawyer on whether you have a claim.

Suggested way forward

When people are charged with criminal offences and remanded in custody indefinitely, only to be acquitted at trial, they often endure significant disruption. You should speak to a lawyer about your rights and best way to enforce them. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 7 years ago   Legal disclaimer


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