Being Found Guilty Of A Crime

If found guilty will I go to prison?

If you are found guilty of an offence you will not necessarily go to prison. Firstly, there are offences which are non-imprisonable, for which clearly you cannot be sent to prison. However, if the offence for which you have been convicted is imprisonable, then the court has a whole range of options open to it when it comes to sentencing. It can fine you if you are found guilty. It can give you a conditional discharge. It can give you a suspended sentence. It can give you a community penalty. Ultimately, the court can send you to prison, in certain circumstances.

What happens to my property while I am in prison?

Once found guilty of a crim, if you go to prison with property - for example, the clothes that you were wearing in court when you were sentenced - then the prison will keep that property and it will be returned to you on your release. In terms of your other property such as your house, car or other personal possessions, then you will have to make arrangements for what happens to this property while you are in prison.

Can I apply for Legal Aid when appealing my conviction?

Legal Aid is available for appeals once you lodge your form appealing your case. Then you are entitled to apply for Legal Aid.

Who will pay for my legal costs if I win the appeal?

If you are using Legal Aid then your defence appeal costs are paid for by the state if you win your appeal. If you are paying privately, you can make an application that the costs of your appeal should be paid for out of Central Funds.