What happens next for Alan Jones?

The arrest of Alan Jones at his Circular Quay apartment following a nine-month police investigation regarding indecent assault allegations spanning two decades marks only the beginning of what could be a years-long process through the courts.

Alan Jones - Figure 1
Photo The Sydney Morning Herald

As more complainants come forward, and Jones’ first court date looms in the week before Christmas, the Australian public will watch the high-profile saga play out.

Alan Jones leaves Day Street Police Station after he was released on bail on Monday.Credit: James Brickwood

What will happen when he faces court?

Police have granted Jones bail and he will face Sydney’s Downing Centre Local Court on December 18.

First appearances in court can throw up all manner of options. An accused can enter pleas, although this is unlikely in complex matters as investigations continue. The police will likely still be compiling the brief of evidence to serve on the defence and either side can seek an adjournment.

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Jones was surrounded by high-profile lawyers Chris Murphy and Bryan Wrench as he was released from Day Street Police Station and bundled into a waiting car on Monday. He is expected to retain a barrister when the matter comes before the court.

What have his lawyers said?

Strike Force Bonnefin was formed after a lengthy investigation by the Herald and The Age, which revealed in December allegations that Jones had used his position of power, first as a teacher and later as the country’s top-rating radio broadcaster, to prey on a number of young men.

At a press conference held in the hours after Jones’ arrest, NSW Police Assistant Commissioner Michael Fitzgerald said the newspaper reports “did result in victims coming forward”, but “a number of witnesses have been assisting police over the years”.

Fitzgerald commended the investigators for their “tenacity and hard work”, noting “historical matters such as this are incredibly hard to investigate”. He also commended the “victims” for their “bravery in coming forward”.

Assistant Commissioner Michael Fitzgerald comments about “victims” coming forward drew the ire of Jones’ lawyers.Credit: Flavio Brancaleone

Jones’ lawyer Chris Murphy was quick to respond to Fitzgerald’s remarks.

“I want to add a comment that I think it’s totally contemptible of the assistant commissioner of police to be praising the witnesses who he might like to call ‘victims’,” Murphy said. “This is a matter for a courtroom and I believe that he is in terrible breach doing that.”

Alan Jones - Figure 2
Photo The Sydney Morning Herald

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Murphy stressed that Jones “denies any misconduct” and “will assert his innocence appropriately in the courtroom”.

“Allegations have been made. Nothing has been tested, nothing has been proven,” he said. “Mr Jones will be defending this case. He is presumed innocent.”

Could the case go to a jury trial?

Jones’ case could remain in the Local Court, rather than being committed to the District Court, as the current charges against him are not strictly indictable – such as serious sexual assault offences – and his youngest alleged victim is 17.

If Jones pleads not guilty, as his lawyers have indicated, the case could proceed to a hearing before a magistrate, which does not involve a jury. Complainants and other witnesses would be called to provide evidence over a number of weeks. Due to the sheer volume of cases before the courts, the matter would be unlikely to be heard until mid to late-2025 at the earliest.

Magistrates cannot impose a maximum jail sentence of more than five years for multiple offences.

The Office of the Director of Public Prosecutions can elect for the matter to proceed on an indictment through the District Court, meaning Jones would be committed for trial, formally arraigned on the charges, and given a future trial date. Some trials are already being listed in 2026.

Offering his perspective on Nine’s Today, lawyer and legal commentator Sam Macedone said: “You can anticipate this is going to be a long time before it ends.”

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Accused persons can make a judge-alone application – for their trial to be heard and determined by a judge instead of a jury – and can also apply to split their matter and be tried separately on the charges against them, for reasons that include avoiding prejudice.

What is Jones charged with?

As of November 19, Jones was facing 26 charges against nine alleged victims from 2001 to 2019. Jones is alleged to have indecently assaulted several young men during his decades-long tenure as one of the most successful broadcasters in the country.

His charges include 11 counts of aggravated indecent assault, with the circumstances of aggravation being that the alleged victim was under his authority. If proven, the offence carries a maximum penalty of seven years behind bars in the District Court or two years if determined in the Local Court.

Jones is further charged with 11 counts of assault with act of indecency and two counts of sexually touching another person without consent, each carrying a maximum of five years in the District Court, and two counts of common assault, attracting a maximum of two years’ imprisonment.

After Jones was arrested on Monday, NSW Police Commissioner Karen Webb said she expected more people may come forward with allegations against the 83-year-old.

What are Jones’ bail conditions?

Jones was granted bail on the day he was charged. That bail was continued after a ninth alleged victim came forward.

If Jones is re-arrested and new charges are laid, police would be expected to reconsider bail and the conditions imposed.

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Jones’ bail conditions include that he is of good behaviour, lives at a Sydney address, surrenders his passport and does not go near any international airport or “any interstate airport departure points” in NSW.

He is also not allowed to contact or stalk, harass or intimidate any complainant or witness in relation to the investigation, and cannot disclose the identity of any complainant to a third party, entity or media outlet other than a lawyer.

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