Criminal Law

Criminal law in NSW deals with offences against the law, ranging from minor matters to serious indictable offences. These matters are usually prosecuted by the police or the Director of Public Prosecutions and heard in the Local Court, District Court, or Supreme Court.

You should seek legal advice as soon as possible. Early advice can help you understand the charge, your options, and what steps to take before your first court appearance.

In most cases, yes. The requirement to attend court will be stated on your Court Attendance Notice. Failing to attend may result in further charges or a warrant being issued.

A Court Attendance Notice is a legal document issued by police that outlines the charges against you and provides details of your court date, location, and conditions.

The first court date is usually a mention. This is a procedural hearing where the court considers how the matter will proceed. In many cases, the matter will be adjourned for further preparation.

You should not enter a plea until you have obtained legal advice. The decision to plead guilty or not guilty depends on the evidence, the circumstances of the offence, and your personal situation.

In some cases, charges may be withdrawn, downgraded, or amended. This depends on the strength of the evidence and discussions with the prosecution.

Penalties vary depending on the offence and may include fines, good behaviour bonds, community-based orders, licence disqualification, or imprisonment.

If you are convicted, the offence may appear on your criminal record. Some outcomes, such as certain dismissals, may avoid a conviction being recorded.

In some cases, the court has discretion not to record a conviction. A lawyer can advise whether this may be available in your circumstances.

Bail determines whether you are released from custody while your matter is ongoing. Bail conditions may apply, and in some cases bail may be refused.

Breaching bail conditions may result in your bail being continued if the court takes no action on the breach, or varied, or revoked. 

You have the right to remain silent and to speak with a lawyer before answering police questions. Legal advice is recommended before participating in a police interview.

If you are under investigation, you should still seek legal advice. Early guidance can help protect your rights and manage the situation appropriately.

Timeframes vary depending on the complexity of the case, the court involved, and whether the matter proceeds to a hearing or trial.

While not legally required, legal representation is strongly recommended. Criminal charges can have serious and lasting consequences, and proper representation helps ensure your rights are protected.

Early advice allows you to understand your position, prepare effectively, and avoid mistakes that may affect the outcome of your case.