Charged with a Crime in Southland? Know Your Rights Before Your First Court Date.

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.