The New Laws on Mental Health in the Criminal Justice System: The Diversionary Pathway
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 Mental Health (Forensic Provisions) Act 1990 (NSW) (‘The Act’). It is a response to the increasing contact with the criminal ...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
What is the Charge of Property Suspected of Being Proceeds of Crime in NSW?
By Sahar Adatia and Jimmy Singh. A man has been charged after crashing his car in the south west of New South Wales which directed police to the discovery of him allegedly possessing more than $90,000. According to a statement released by NSW Police, just before 10am on 7 May 2020, a Ford Ranger ...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
Law, Penalties & Defences for Dealing with Proceeds of Crime Charges in NSW
51-year-old Rafael Estrada and 28-year-old Marcos Rivera who’re Guatemalan nationals have been arrested and charged after police discover over $1.3 million in cash in a storage unit and apartment in Sydney. The investigation that led to the arrests was part of an investigation into a large-scale international money-laundering syndicate. It’s alleged that the two ...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
Is it Legal to Make a Citizen’s Arrest in NSW?
It is reported that a man with a large knife in Sydney CBD has allegedly attempted to stab people on Tuesday. Causing the Sydney CBD to go into lockdown, the incident unfolded close to the corner of Clarence and King Street when a man who was reportedly armed with a machete went on a ...continue reading