Section 32 Mental Health Applications now Replaced by Section 14 to Get Criminal Charges Dismissed in Court
There is an available legislative framework for a NSW court to determine criminal proceedings where the accused or defendant has mental health issues relevant to the case. This legislative framework is echoed in the old Act called The Mental Health (Forensic Provisions) Act 1990 (NSW) (‘The Act’). It is a response to the increasing contact with ...continue reading
Concerns Reignited for Prisoners Amid Further Outbreaks of COVID-19
By Poppy Morandin. There are reportedly 70 inmates in lockdown within Silverwater Correctional Complex after coming into close contact with a staff member who has tested positive for COVID-19. Within their advocacy efforts, The Greens have issued an open letter to Anthony Roberts, Minister for Corrections detailing the “significant concerns…about the lockdown at Silverwater ...continue reading
Law on the Age of Criminal Responsibility in NSW: An Interview with Greens MP David Shoebridge
By Poppy Morandin and Jimmy Singh. Despite a strong campaign to raise the age of criminal responsibility from 10 to 14, the decision has been deferred to 2021, following concerns that further work needs to be done regarding processes and services for children who exhibit offending behaviour. The issue was discussed at the meeting ...continue reading
Law on Police Use of Pepper Spray in NSW
By Poppy Morandin & Jimmy Singh. The deployment of pepper spray on protestors following the Black Lives Matter rally in Sydney, has sparked concerns regarding the way in which the NSW Police Force uses such a tool. The day was largely characterised as a peaceful protest, following the public assembly’s last-minute authorisation from the ...continue reading
How Does COVID-19 Affect Bail Applications in NSW?
By Fouad Awada and Jimmy Singh. On 30 March 2020, the Supreme Court of New South Wales handed down a decision granting conditional bail to Mr Abdul Rakielbakhour who was accused and charged with serious domestic violence charges. Mr Rakielbakhour was arrested and charged with common assault and assault occasioning actual bodily harm, alleged ...continue reading
What are the Rules Around NSW Police Strip Searching a Person?
241,000 is the number that has been given to NSW Police Officers, representing the quota for conducting personal searches, including strip searches on people for the 2019 financial year. In fact, in 2019, NSW Police failed to meet its quota by just under 2000 searches. NSW Greens managed to obtained the shocking revelation through the ...continue reading
What is a Criminal Lawyers’ Role?
Criminal lawyers represent people from all walks of life. Unfortunately, movies and TV shows have portrayed criminal lawyers in a bad light, prompting members of the public asking the question criminal lawyers get asked too often, “but how can you defend a criminal?”, or “how can you defend a guilty person?”. Too often we ...continue reading
What is Self-Defence Under the Law in NSW?
It is reported that on new year’s eve, as Pope Francis walked in Vatican City whilst greeting pilgrims on his way towards the cobble esplanade, footage has emerged of a woman from the crowd grabbing the Pope’s hand and pulling him towards her. The act appears to cause the Pope pain, as the footage ...continue reading
Law on Making Possessing a Pipe Bomb in NSW
By Sahar Adatia and Jimmy Singh. Spending the better part of your spare time at Bunnings has become a favourite pastime for many Aussies. Fair dinkum, the chain of huge, unassuming warehouses that hold a bounty of every conceivable hardware item known to mankind is impressive to say the least. And the fact that ...continue reading
The Law on Strip Searches in NSW
Imagine a sniffer dog incorrectly indicates to police that you have drugs on you outside the entrance of a music festival, which causes police to form a suspicion you have illicit drugs on you, but you actually don’t. Imagine, then police escort you away in view of everyone watching this infold, and you are ...continue reading