Maybe the police have asked you in for questioning, you've been handed a summons, or someone you love is being held at the Invercargill police station. The questions come fast: Do I have to talk? When is court? Will I be locked up? Is this serious? You don't have to face it not knowing. Our free legal information service explains exactly how a Southland criminal case works — in plain English, any hour — drawing on the Crimes Act 1961, the Summary Offences Act 1981 and the Criminal Procedure Act 2011. This is general legal information to help you act, not legal advice, and it does not create a lawyer-client relationship.
Free legal information. Not legal advice. Available 24/7 across Southland.
Do two things now. First: you have the right to stay silent and the right to a lawyer. If the police are detaining or questioning you, they must tell you about the free Police Detention Legal Assistance (PDLA) scheme — a duty lawyer you can speak to on the phone, day or night, before you say anything. Use it. You do not have to give a statement beyond your name and contact details. Second: do not miss your court date. Almost every Southland charge starts at the Invercargill | Waihōpai District Court at 35 Don Street, and not turning up can mean a warrant for your arrest. If you can't afford a lawyer, a free duty lawyer is available at the court on the day. We can walk you through what to expect — free, in plain English.
A lot of advice you'll find online about 'how much you save by pleading guilty' is now out of date. Since 29 June 2025, under the Sentencing (Reform) Amendment Act 2025, the discount for an early guilty plea is capped at 25%, and the total discount a judge can give for all personal mitigating factors combined is capped at 40% (unless that would be manifestly unjust). At the same time, a reinstated three-strikes regime has been in force since 17 June 2025 for repeat serious violent and sexual offending. That makes the decisions at the very start of your case — whether to plead, when to plead, and what to put before the court in mitigation — matter more than ever. Getting clear information before your first appearance at the Invercargill District Court can change the outcome. We'll explain how the new rules apply to your situation, free.
If you can't afford a private lawyer, New Zealand has a real safety net, and Southland has local doors you can knock on. These are independent organisations, not Legal Hotline — but they're the right places to start. For anything urgent or confusing, free legal information is the fastest first step.
Do I have to talk to the police if they ask me questions?
No. You have the right to stay silent and the right to a lawyer. If you're detained or being questioned, the police must tell you about the free Police Detention Legal Assistance scheme, which lets you speak to a duty lawyer — usually by phone — before you decide whether to say anything. Beyond giving your name and contact details, you generally don't have to answer questions. Get free information on your rights before you talk.
Where will my criminal case be heard in Southland?
Almost every Southland criminal charge starts at the Invercargill | Waihōpai District Court at 35 Don Street, Invercargill. Less serious matters are decided there by a judge; the most serious charges, and many jury trials, move to the High Court that sits in the same building. We can explain what happens at your first appearance there.
What's the difference between the offence categories?
The Criminal Procedure Act 2011 sorts charges into four categories. Category 1 (fine-only) and category 2 (up to two years' prison) are decided by a judge alone in the District Court. Category 3 (two years or more) is also in the District Court but you usually have the right to choose a jury. Category 4 — the most serious, like murder — is a jury trial in the High Court. Your category shapes the whole process; call free and we'll explain which one your charge falls into.
Can I get bail before my trial?
Often, yes. Bail is governed by the Bail Act 2000. After you're charged you may get Police bail, or you apply for court bail at your first appearance, and the court considers the risk of you not turning up, interfering with witnesses or reoffending. For most charges there's a presumption in favour of bail, but for some serious or repeat offending you have to show why you should be released. Breaching a bail condition is itself an offence. Get free information on how bail might work in your case.
Can I get a free lawyer if I can't afford one?
Yes. A free duty lawyer is available at the Invercargill District Court on the day of your first appearance, and criminal legal aid (government-funded representation) is available if your charge could carry six months' prison or more, or where the interests of justice require it — subject to an income and assets test. The Southland Community Law Centre can also help. We can explain how to access each one.
I've been charged with drink-driving — how serious is that?
Drink-driving is one of the most common charges in the District Court. Under section 56 of the Land Transport Act 1998 the adult limit is 250 micrograms of alcohol per litre of breath or 50 milligrams per 100 millilitres of blood; for drivers under 20 the limit is zero. Penalties range from fines and demerit points to disqualification and, for high readings or repeat offending, possible imprisonment. Get free information on what your reading and history could mean.
Will I definitely get a conviction?
Not necessarily. For a first or minor offence the police may offer adult diversion — you complete agreed conditions and the charge is withdrawn with no conviction. The court can also grant a discharge without conviction under section 106 of the Sentencing Act 2002 where a conviction would be out of all proportion to the offending. Whether either applies depends on your charge and history; free information can help you understand your options.
How did the 2025 sentencing changes affect me?
Since 29 June 2025, the Sentencing (Reform) Amendment Act 2025 caps the discount for an early guilty plea at 25% and the total discount for all personal mitigating factors at 40% (unless that would be manifestly unjust). Separately, a reinstated three-strikes regime has applied since 17 June 2025 to repeat serious violent and sexual offending. These changes make your early decisions — especially when and whether to plead — more important. Call free and we'll explain how they apply to your charge.
My teenager has been charged — does the same court deal with that?
Usually not. Most charges against children and young people are dealt with in the Youth Court, which has its own process focused on accountability and rehabilitation, rather than the adult District Court — though the most serious charges can be transferred. The rules are different and a youth advocate is provided. Get free information on what to expect for a young person in Southland.
Does this service give legal advice or get me a lawyer?
We give clear, general legal information — not legal advice — and using it creates no lawyer-client relationship. Legal Hotline is not a law firm. But the assistant is trained on New Zealand criminal law, and we can point you to the free duty lawyer at the Invercargill District Court, criminal legal aid, the Southland Community Law Centre, or the New Zealand Law Society's Find a Lawyer directory if you want your own lawyer.
Are you a New Zealand-qualified criminal lawyer practising in Invercargill or wider Southland? We connect worried people across the region — from first-appearance bail and drink-driving matters to serious Crown cases — with local counsel at the moment they're ready to act. If you'd like to receive matched enquiries for criminal work in the Southland District and High Courts, register your interest and we'll route them your way as the service launches in New Zealand.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
A criminal charge doesn't wait for business hours, and the first decisions — whether to talk to police, how to plead, how to get bail — often matter most. Whether your first appearance at the Invercargill District Court is days away or you're just trying to understand what you've been charged with, you can get clear, plain-English legal information about how New Zealand criminal law works in Southland. Call our free New Zealand service on 0800 461 100, any hour — no web form, no income test. It's general legal information, not legal advice.
Free legal information. Not legal advice.