Department of Justice

1. Charging from the arrest report

Police charge a person to court from the arrest report on their tablet. The charge opens a matter, which gets a number such as M-000012, and the matter appears in the court’s registry.

Write the arrest report as if a stranger will read it, because the bench will. Say what happened, what you saw, what was found and what the person said.

2. Police bail

When charging, an officer of the rank of Sergeant or above may grant or refuse bail, with conditions such as a curfew, reporting or no contact. The court can decide bail again later, or revoke it. See the Bail Guide.

3. The Charge and Summons

The court prints a Charge and Summons: the court, and the date and time the person must appear. Papers are real items and are handed over in person. If you are given one to serve, hand it to the person and tell them what it is.

4. Warrant applications

Police apply for warrants on the tablet. Applications are decided by the bench. While no bench officer is on duty, police Senior Leadership may decide them instead.

Set out the grounds clearly: who or where, what you expect to find, and why.

5. Bench warrants and warrants to surrender

When an accused fails to appear, the court can issue a bench warrant. Bench warrants go onto every police list. Bring the person before the court; the court recalls the warrant once they appear.

A person sentenced to jail or community work while away from the city has 3 days to turn up, after which a warrant to surrender is issued.

6. Intervention order breaches

A breach of an intervention order raises a police job. Attend, check the order’s conditions and stay-away distance, and deal with the breach as you would any offence.

7. The Fines Melbourne sanction

Anyone with an overdue fine shows a Fines Melbourne sanction on police checks and on ANPR. The sanction means the fine is overdue and open to enforcement (Wanted > Fines enforcement on the police tablet); it is not itself a warrant. The person can pay through Fines Melbourne on their phone.

8. Giving evidence in court

• Check the court list and arrive before the matter is called.
• Address the bench as Your Honour and the person as the accused.
• Pick up the microphone when called; your voice carries 25 metres.
• Give evidence from your report and memory, truthfully, even when it does not help the prosecution.
• Stay in character. Disagreements about the arrest go to a ticket, not into the courtroom.