Criminal Law

A criminal matter may begin with a police investigation, arrest or court attendance notice, often called a CAN. The notice identifies the charge, court and first appearance. Read it carefully and obtain advice before the court date. A charge is an allegation; the prosecution must prove the offence beyond reasonable doubt.

Keep all documents and record any immediate deadlines. You can seek advice before a police interview. Do not assume that explaining events informally will resolve the investigation, and do not contact witnesses or publish allegations online.

The Bail Act 2013 (NSW) governs whether an accused person is released while proceedings continue. The decision can involve show-cause requirements, bail concerns and unacceptable risk. Police and courts have different roles at different stages.

If released, follow every condition until it is changed lawfully. Employment or caring commitments may be relevant to an application, but do not automatically establish entitlement to bail. If a condition is unworkable, seek advice about variation rather than simply disregarding it.

The Local Court usually addresses representation, bail and directions. Depending on the charge and preparation, a plea may be entered or the matter adjourned. Bring the CAN, bail papers and any existing orders. Ask your lawyer what information is needed without sending unnecessary sensitive material.

An adjournment is not a dismissal. Continue attending as directed and keep your lawyer informed about address changes or documents received.

The Criminal Procedure Act 1986 (NSW) distinguishes summary, Table 1, Table 2 and strictly indictable matters. Summary charges are heard in the Local Court. Table 1 offences stay there unless either party elects indictment; for Table 2 offences, the election belongs to the prosecution.

Strictly indictable charges begin with preliminary Local Court proceedings but move to a higher court. The District Court hears many serious criminal trials and sentences. The Supreme Court deals with matters within its jurisdiction, including murder. Children's Court criminal proceedings follow separate rules; a young person's matter needs age-specific advice.

A not-guilty plea leads towards a hearing or trial where evidence is tested. The prosecution must establish the charge. The defence can challenge admissibility, reliability and whether the legal elements are proved.

A guilty plea leads towards sentencing on facts admitted or determined by the court. Understand the charge and factual basis before pleading. Relevant records, treatment information or references should be prepared honestly; a plea does not guarantee a particular sentence.

The Crimes (Sentencing Procedure) Act 1999 (NSW) provides sentencing options subject to eligibility, including imprisonment and community-based orders. Section 10 permits specified non-conviction outcomes where appropriate. A first offence does not create an entitlement to one.

Local Court conviction and sentence appeals are governed by the Crimes (Appeal and Review) Act 2001 (NSW). Ordinary deadlines are short. Obtain advice promptly rather than waiting for practical consequences to emerge.

The linked grid below covers every criminal-offence guide on this site, including AVO proceedings, which are civil orders but can involve related criminal charges and criminal breaches. Each guide explains the particular issue; none replaces advice about the documents and facts in your case.

No. A charge is an allegation. A conviction follows only through the applicable court process, including a guilty plea or finding.

No. Seek advice promptly and confirm what attendance or correction is required. Do not assume an error cancels the proceeding.

No. Available sentencing orders depend on the law and circumstances. A clean record is relevant but does not determine the result.

No. Conditions remain enforceable until varied lawfully. Obtain advice before changing arrangements that may breach them.

A criminal lawyer can review the charge, identify evidence and deadlines, explain options and represent you through the relevant stages. Contact Austere Legal with your court papers to discuss preparation and immediate requirements.

This information is general in nature and does not constitute legal advice. The appropriate approach depends on the circumstances of each individual case.