What happens in Criminal Matters?
The Criminal Procedure Act 1986 (NSW) sets out how criminal matters are managed in New South Wales. Criminal procedure is not a single nationwide system, so processes differ between states and territories. Our criminal law team understands the NSW court process and will guide you step by step.
Do I have to go to court and how does the court decide if I am guilty?
You must attend court on every listed date unless your solicitor appears and seeks that you be excused for that mention. Even if excused for a mention, you must attend your hearing or sentencing. If you are unsure, speak with us about court representation or check the listing through the NSW Online Court. Courts may permit appearances by audio visual link in some circumstances. Always follow the instructions on your court notice and arrive in time for your matter.
If you feel unwell or cannot attend, contact your solicitor immediately. Where appropriate, we can liaise with the registry or seek suitable arrangements with the Local Court of NSW, the District Court or the Supreme Court of NSW.
Before speaking with police, get advice about your right to silence and what to do if police contact you. Early advice often shapes the outcome.
What does Criminal Law mean?
Most people understand the idea of criminal law, but the system is broad. Australian criminal law grows out of the common law and is chiefly handled at state and territory level, with certain Commonwealth Criminal Code offences prosecuted federally. The Code defines offences and the elements that must be proven.
Each state and territory has its own legislation. In NSW, offences and maximum penalties are set out in the Crimes Act 1900 (NSW). Evidence rules appear in the Evidence Act 1995 (NSW). If you are charged, we assess your matter against the legislation and available evidence, and advise on defences, bail, and sentencing options.
Domestic and personal violence offences are governed by the Crimes (Domestic and Personal Violence) Act 2007 (NSW). For support and safety planning, contact 1800RESPECT and see our pages on domestic violence offences and AVOs in NSW.
What does it mean when I receive a Court Attendance Notice (CAN)?
Most NSW criminal matters start in the Local Court. Police issue and serve a Court Attendance Notice that sets out the charge, the legislation and section, a summary of the alleged facts, and the court, date and time. The CAN must be taken seriously. Read it carefully and get legal advice as soon as possible. See also LawAccess NSW for general guidance and NSW Police for process information.
If you have received a CAN, bring it and any paperwork to your first appointment. We will advise on pleas, negotiate with police where appropriate and represent you at mentions, hearings and sentence. If you need urgent help now, call (02) 8806 0866 or contact us online.
Should I use Legal Aid in Sydney?
Legal Aid NSW provides important services for eligible clients. If you do not qualify or you prefer private representation, our fees are more accessible than many expect and you will have direct access to experienced criminal defence solicitors. We also offer clear advice on likely costs and strategy from the start.
How do I know how serious my offence or charge is?
Indictable offences are more serious than summary offences. Each offence provision in the Crimes Act 1900 (NSW) lists its elements and maximum penalty. Outcomes vary widely depending on the facts, your history and the strength of the brief. In many matters we can make representations to police or the Director of Public Prosecutions that result in charges being withdrawn or reduced. We advise on the prospects of appeal where required.
Accessory to crime
You can be criminally liable even if you did not personally carry out the act. A person who aids, abets, counsels or procures an offence can be treated as liable. If you are worried about potential liability, seek immediate advice about available defences and how to protect your position before speaking with police.
What areas of criminal law do we cover?
We handle a full range of NSW criminal matters, including serious and complex cases.
Institutional abuse
We act confidentially and with care in matters involving institutional abuse. Where criminal allegations arise, we coordinate with appropriate agencies and support services. For immediate support consider NSW Sexual Assault Services. Speak with us about the criminal process and parallel compensation pathways.
Children and the Children’s Court
The Children’s Court deals with child protection and youth crime. These cases require fast, sensitive handling. We work to minimise harm and manage appearances efficiently. General information about the jurisdiction is available from the Children’s Court of NSW. For parenting issues in the family jurisdiction, see our parenting and custody guides.
Drugs
We regularly defend drug matters from possession to supply and commercial quantity allegations. Results include charge withdrawals, non-convictions and acquittals where appropriate. Read more about drug offences and how we prepare a brief, challenge searches and argue admissibility under the Evidence Act s 138.
Fraud and financial crime
Fraud is treated seriously and can attract lengthy imprisonment. Matters range from identity crime to complex financial investigations. We advise early on interview strategy, sentencing submissions and restitution where appropriate. For Commonwealth frameworks see Criminal Code (Cth) and for NSW offences see the fraud provisions.
Whatever the allegation, we help from first contact with police through to final outcome. That includes bail applications, contested hearings and trials, sentencing and appeals. For crime statistics and trends, see BOCSAR. If you have a CAN or police have contacted you, call (02) 8806 0866 or book a consultation now.
