Summoned to an OM hearing? Prepare thoroughly
The Public Prosecution Service can dispose of a criminal case itself, without any involvement of a judge. You are often first invited to a hearing. That conversation may seem informal, but there is genuinely something at stake. We explain what you can expect — and why sound preparation makes the difference.
What is an OM hearing?
An OM hearing — also known as an OM interview — is a conversation in which the Public Prosecution Service hears you before deciding how your case will be dealt with. Since the Public Prosecution Service has been allowed to dispose of lighter criminal cases independently with a penalty order, this is often the moment at which the direction of your case is determined.
The conversation takes place at the prosecutor’s office, not in a courtroom. Even so, it is not an informal chat: what you say can weigh in the decision that follows.
Why have you been invited?
For certain punishments, the Public Prosecution Service must first hear you before it may impose a penalty order. Think of a community service order, a substantial fine or a driving ban. The hearing gives the Public Prosecution Service the chance to learn your side — and gives you the chance to make that side count.
Sometimes you are heard because the case is not yet settled and the Public Prosecution Service is undecided about how to dispose of it. Even then the conversation is important: a well-founded account can lead to a lower punishment or to the case being dropped.
Who will you speak to?
You will speak to a public prosecutor or to a member of the prosecutor’s office who conducts the conversation on behalf of the Public Prosecution Service. There is no judge, no public and no open hearing. That makes the atmosphere less formal, but no less important: the outcome can be a punishment that is final without a judge.
What the Public Prosecution Service may and may not impose
How does the conversation proceed?
The Public Prosecution Service explains what you are suspected of and what disposal it has in mind. You are given the opportunity to respond, to explain your side and to put forward personal circumstances that matter for the punishment — your work, your family, a clean record.
Afterwards the Public Prosecution Service decides. That may result in a penalty order, in the case being dropped or in a summons to appear before the court after all. What you say during the conversation weighs in that choice.
Why the assistance of a lawyer matters
The hearing is often your only moment to exert influence before a punishment is imposed. A lawyer requests the case file, assesses whether the evidence supports the suspicion and decides the line together with you: to explain, to remain silent, or precisely to negotiate a lighter disposal.
Get in touch if…
- 01You have received a letter from the Public Prosecution Service inviting you to a hearing
- 02You are being heard before the Public Prosecution Service imposes a penalty order
- 03It concerns a community service order, a fine, a driving ban or a behavioural directive
- 05You want to know whether lodging an objection is sensible in your case
- —No judge, but a decision
- —The Public Prosecution Service can impose a punishment itself
- —You are entitled to be assisted
- —An objection can be lodged against a penalty order
Unsure whether you should attend, or have you already received a penalty order? Put your situation to us confidentially — we respond the same working day.
About the OM hearing
Is an OM hearing the same as a hearing before a judge?
No. At an OM hearing you speak to a public prosecutor or a member of the prosecutor’s office, not to a judge. There is no public courtroom and no judgment as there is at court; the Public Prosecution Service decides for itself whether to dispose of the case with a penalty order.
Am I obliged to attend?
Attendance is usually not compulsory, but it is in your interest. The hearing is often the only moment at which you can explain your side of the story directly before a decision is taken. We will discuss with you beforehand whether and how it is best for you to attend.
May I bring a lawyer?
Yes. You have the right to be assisted. A lawyer knows the case file, knows which questions will come up and can speak on your behalf, so that you do not say anything that could later be used against you.
What exactly is a penalty order?
Can I lodge an objection if I disagree with it?
Yes. You can lodge an objection against a penalty order within the statutory time limit. The case is then still put before the criminal court. The time limit is short, so always have a penalty order assessed promptly.
Will I get a criminal record after a penalty order?
Summoned to an OM hearing?
Have your case assessed before the conversation. We respond the same working day.
Without obligation · entirely confidential · same-day contact in urgent cases