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
COVID-19 – Key Changes Made by District Courts Affecting all Criminal and Traffic Cases in NSW
From 30 March 2020, the District Court have implemented a number of changes to the way in which criminal cases are heard during the COVID-19 pandemic. It is important to remain up to date as arrangements are likely to continue to change. If you have a criminal matter in the District Court currently, please ...continue reading
How COVID-19 is Affecting NSW Local Court Cases in Australia
Taking affect Monday, 30 March 2020, a number of key changes have been made to the way in which NSW Local Court matters are to be dealt with during the COVID-19 pandemic. On 24 March 2020, the New South Wales Chief Magistrate, Judge Graham Henson AM, released a Memorandum regarding some of the key ...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
The Penalties for Not Having Your Driver Licence on You While Driving in NSW
By Sahar Adatia and Jimmy Singh. The next time you duck out for a quick mercy dash to the shops, you may want to think twice about grabbing just your car keys and some cash before stepping into your vehicle. It turns out that if you get pulled over by the police and you ...continue reading
New NSW Sentencing Penalty Introduced: The New ‘Intensive Corrections Orders’
On 24 October 2017, Parliament in NSW assented to the amending legislation which effectively changed the Crimes (Sentencing Procedure) Act 1999 (NSW). As of 24 September 2018, three major new sentencing options were introduced into NSW. A Magistrate or Judge can now impose any one of these new sentencing or penalty options for traffic ...continue reading
New Sentencing Option Introduced in NSW: ‘Community Correction Orders’
Our previous blog outlined how the ‘section 10 bond’ has now replaced the new ‘conditional release order’ as a new sentencing option in NSW for criminal and traffic offences. This blog outlines a further new sentencing option called a ‘community corrections order’ which effectively replaces the old ‘section 9 bond’ and ‘community service order’ penalties, ...continue reading
The End of ‘Section 10 Bonds’ in NSW as a Sentencing Option
The Crimes (Sentencing Procedure) Act 1999 (NSW) reflects the law behind all the sentencing options a Magistrates or Judges can impose on a person guilty of a NSW criminal or traffic offence. That Law has now changed and the new NSW sentencing penalties or options commence from today 24 September 2018 onwards. The popular ...continue reading
Can You Refuse to Give a DNA Sample to Police?
By Jimmy Singh and Fahim Khan Australian criminal law can be complex to understand, especially when it’s concerning police rights regarding when they can and can’t carry out intrusive tests on your body. Generally, DNA samples are considered to be more effective at solving crimes than fingerprints. DNA samples are considered to be very effective ...continue reading