Charged With Arson in Tasmania - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Arson charges in Tasmania carry severe penalties including up to 21 years imprisonment, even for property damage without injury. Tasmania Police treat fire-related offences extremely seriously, with specialist investigators and forensic teams gathering evidence that can be difficult to challenge without expert legal representation. Do not speak to police without a lawyer present - anything you say will be used against you in court, and early legal intervention can significantly impact your case outcome.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for arson charges in Tasmania. These are serious criminal offences that can result in decades of imprisonment, permanent criminal records, and devastating impacts on your employment, housing, and family relationships. Without proper legal representation, you risk accepting inappropriate charges, missing critical defence opportunities, or receiving harsher penalties than necessary.

A criminal lawyer can challenge the evidence against you, negotiate with prosecutors for reduced charges, identify procedural errors by police, and present compelling defences that may not be obvious to someone without legal training. Tasmania's arson laws are complex, with multiple offence categories and technical elements that must be proven beyond reasonable doubt.

The consequences of representing yourself are too severe to risk. Even if you believe the evidence is strong, an experienced lawyer may identify weaknesses in the prosecution case, problems with fire investigation procedures, or mitigating circumstances that could reduce your sentence significantly. Call 1300 636 846 now for immediate legal advice.

What Happens Next - The Process

The criminal process for arson charges in Tasmania follows these specific steps:

1. Police Interview and Charge (Day 1-7): You will be formally charged and may be held in custody. Police must decide within 24 hours whether to grant bail or oppose it in court.
2. First Court Appearance - Magistrates Court (Within 48 hours if in custody): You appear before a magistrate in Hobart, Launceston, Devonport or Burnie Magistrates Court. Bail will be considered if not already granted.
3. Mention Hearings (4-8 weeks): Your lawyer receives the brief of evidence from police and prosecution. This includes witness statements, forensic reports, and fire investigation findings.
4. Committal Proceedings (8-16 weeks): For serious arson charges, the Magistrates Court determines if there is sufficient evidence to send your case to the Supreme Court of Tasmania.
5. Supreme Court Arraignment (16-24 weeks): You enter your plea before a Supreme Court judge. If pleading not guilty, a trial date is set.
6. Trial or Sentencing (6-18 months): Either a jury trial if pleading not guilty, or sentencing hearing if pleading guilty. Sentences are handed down by Supreme Court judges.

Each stage has strict deadlines and procedural requirements. Missing deadlines or failing to properly prepare can severely damage your case. Early legal intervention gives you the best chance of a favourable outcome.

The Law in Tasmania

Tasmania's arson laws are contained primarily in the Criminal Code Act 1924 (Tas), with additional provisions in the Police Offences Act 1935 (Tas). The penalties are among Australia's harshest for fire-related crimes.

Section 267 - Arson: Setting fire to buildings, structures, or property carries up to 21 years imprisonment. This includes houses, shops, factories, vehicles, or any structure. The prosecution must prove you intentionally set the fire and that the fire actually took hold.

Section 267A - Arson Causing Death: If someone dies as a result of arson, the penalty increases to life imprisonment. This applies even if death was unintended but foreseeable.

Section 268 - Attempted Arson: Attempting to set fires carries up to 14 years imprisonment. This can include possession of accelerants, matches, or other fire-starting materials in suspicious circumstances.

Bushfire Arson: Under Section 267B, deliberately lighting bushfires carries up to 21 years imprisonment, with additional penalties under the Forest Practices Act 1985 (Tas) including massive financial compensation for firefighting costs.

Reckless Fire Lighting: Lesser charges under the Police Offences Act carry penalties up to 2 years imprisonment for carelessly causing fires, including improperly extinguished campfires or burn-offs.

Tasmania courts impose actual prison sentences in most serious arson cases. Community service or suspended sentences are rare for deliberate fire-lighting offences.

Mistakes to Avoid

These critical mistakes can destroy your defence and lead to harsher penalties:

1. Speaking to Police Without a Lawyer: Clients often think explaining their side will help, but police interviews are designed to gather evidence against you. Even seemingly innocent explanations about being in the area or handling accelerants for legitimate reasons can become powerful prosecution evidence. Always exercise your right to silence and demand legal representation.

2. Assuming Fire Investigation is Infallible: Many people believe fire investigators are like TV forensic experts who can definitively prove arson. In reality, fire investigation involves interpretation of burn patterns and elimination of accidental causes. Experienced lawyers regularly challenge fire investigation conclusions using independent expert witnesses who identify alternative explanations for fire origins and spread patterns.

3. Not Challenging Search and Seizure: Police often search phones, computers, and vehicles for evidence of fire-related internet searches, accelerant purchases, or threatening communications. If these searches violated your rights or lacked proper warrants, the evidence may be excluded from court proceedings, significantly weakening the prosecution case.

4. Accepting Unsuitable Bail Conditions: Prosecution often seeks excessive bail conditions like blanket prohibitions on possessing matches, lighters, or being near the fire location. These can make normal life impossible and increase chances of technical breaches leading to remand in custody. Skilled lawyers negotiate practical bail conditions that protect the community while preserving your ability to work and maintain family relationships.

5. Delaying Mental Health Assessment: Arson charges often involve underlying mental health issues, substance abuse, or extreme stress. Early psychological assessment can provide crucial evidence for both bail applications and sentencing, potentially explaining behaviour and demonstrating commitment to treatment. Waiting until after conviction severely limits these opportunities.

Likely Outcomes and Costs

With proper legal representation, many arson cases result in significantly better outcomes than clients initially fear. Experienced lawyers achieve charge reductions in approximately 40% of cases by identifying weaknesses in fire investigation evidence, negotiating alternative charges like criminal damage, or demonstrating that fires were accidental rather than deliberate.

Best Case Outcomes: Charges withdrawn due to insufficient evidence, acquittal at trial, or conviction for lesser charges with community-based penalties like intensive supervision orders or community service.

Realistic Outcomes: For first-time offenders with property damage only, sentences typically range from 12 months to 4 years imprisonment, often with parole eligibility after serving one-third. Repeat offenders or cases involving injury face 5-12 years actual imprisonment.

Worst Case Outcomes: Without legal representation, clients often receive close to maximum sentences. Bushfire arson or cases involving death result in 10-21 years imprisonment with lengthy non-parole periods.

Legal Costs: Quality criminal lawyers charge $300-600 per hour, with total costs ranging from $15,000-50,000 depending on case complexity and whether it goes to trial. This investment often saves years of imprisonment and preserves your ability to earn income in the future.

Timeframes: Most cases resolve within 12-18 months, though complex matters involving multiple charges or extensive fire investigation evidence may take 2-3 years to reach conclusion.

The difference between having experienced legal representation and representing yourself is often measured in years of imprisonment and hundreds of thousands of dollars in lost future earnings.

How Go To Court Lawyers Can Help

Go To Court Lawyers has successfully defended hundreds of arson cases across Australia since 2010, with specialist criminal lawyers in every state and territory including Tasmania. Our team understands the technical aspects of fire investigation, the psychology behind these charges, and how to build compelling defences that protect your future.

Our Tasmania criminal lawyers have extensive experience challenging fire investigation evidence, negotiating with specialist prosecution units, and presenting complex mental health and mitigation evidence in the Supreme Court of Tasmania. We maintain relationships with leading fire investigation experts, forensic psychologists, and other specialists crucial to defending these cases effectively.

Immediate Support: Our 24/7 hotline 1300 636 846 connects you with experienced criminal lawyers who can attend police stations, arrange urgent bail applications, and begin building your defence immediately. Early intervention is crucial in arson cases where evidence is being gathered and witnesses interviewed.

Fixed Fee Consultation: We offer transparent pricing with a fixed-fee consultation where you'll receive honest advice about your prospects, potential defences, and realistic outcomes. No surprises or hidden costs during the most stressful time of your life.

Proven Track Record: Our 4.5-star rating from 780+ reviews reflects our commitment to achieving the best possible outcomes for clients facing serious criminal charges. We understand that arson charges affect entire families and fight to preserve your freedom and reputation.

National Network: With 800+ lawyers nationally, we can coordinate your defence even if charges span multiple jurisdictions or involve federal offences. Our resources and experience are unmatched in Australian criminal law.

Don't face these life-changing charges alone. Call 1300 636 846 now or book online at gotocourt.com.au/book for immediate legal assistance. Your freedom and future depend on the decisions you make in the next few hours.