Recent Changes in Criminal Law
Criminal law legislation is reviewed regularly to keep the criminal justice system effective. Courts and the profession rely on the Crimes Act 1900 (NSW) and related statutes to define offences and elements that must be proven for guilt beyond reasonable doubt.
Reforms can change how guilt is determined, which factors matter for a guilty verdict, and whether offences are combined or split into separate categories. Proposed criminal justice reforms are usually publicised before Parliament makes a decision so the community understands any legislation changes they may face.
Speak to a Lawyer Today
Unsure how a change affects your case? Start with our plain-English guide to criminal law in NSW, then get tailored advice from our Sydney criminal lawyers. For urgent help, contact Jameson Law or call (02) 8806 0866.
Using or possessing a speargun in a public place without a reasonable excuse is treated seriously under NSW law. See Crimes Act s 93G for “firearm or spear gun” danger offences. A reasonable excuse might include transporting equipment for lawful spearfishing. If charged, read our pages on criminal defences in NSW and NSW court procedures, then speak with our team.
Criminal Justice System
The system aims to punish wrongdoing appropriately and deter further offending, while maintaining the presumption of innocence. Because criminal responsibility must be proven, evidence is tested against the legal elements of each charge. Sentencing is guided by the Judicial Commission Sentencing Bench Book. For a practical overview, see our criminal justice guide and types of criminal law.
Knife laws are a current focus. NSW now places “custody of a knife” in the Crimes Act: s 93IB (custody) and related provisions. If questioned by police, get advice early about bail applications and evidence.
How Are Changes to Legislation Made?
When areas of criminal law are reviewed, reforms progress through the parliamentary process and usually follow consultation by bodies like the NSW Law Reform Commission. Bills require a majority before they become law. Practitioners must keep up to date with amendments and practice notes. For recent NSW updates and cases, see our Criminal Law Journal.
Most criminal matters begin in the Local Court of NSW. If you are due to appear, read our guide to court procedures in Sydney and contact our team for representation.
Mental Health
Mental health is frequently raised in criminal proceedings. Diversion and other outcomes are governed by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW), including s 14 applications (the modern successor to the old “Section 32”). For context, see our articles on mental impairment reforms and police interviews and mental health, and our Section 10 / Conditional Release Orders explainer.
Case study (knife in public)
Police located a knife on a man acting oddly in the street. He was charged with custody of a knife in a public place, now under s 93IB Crimes Act. Given his history of mental illness and low risk to the public, his representative sought diversion under s 14. Outcomes depend on evidence, including clinical reports. If you need advice, speak with our criminal law team or contact us.
International Reforms
International law addresses war crimes and crimes against humanity. These matters often involve multi-state investigations, long trials and evolving legal frameworks. While different to NSW processes, the principles inform comparative criminal justice developments. If your matter raises cross-border or Commonwealth issues, ask about our criminal law NSW capabilities and coordination with federal agencies.
In a nutshell…
Stalking and intimidation can be physical or online. Persistent calls or messages after being told to stop, threats, or repeated attendance at a person’s home or work can amount to an offence. If you are under investigation or charged, review our pages on sentencing in Sydney, bail laws, and appeals, then contact Jameson Law for tailored advice.
