New Drink Driving Laws in NSW

By Jimmy Singh The average court penalty for first time drink drivers in 2017 was $482. NSW Roads Minister, Melina Pavey said, that around 6000 people in NSW are charged with first time mid-range drink driving, and 55 people in 2017 died from drink driving. The police can give you a penalty notice for most ...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

Can You Refuse to Give Evidence in Court Against a Family Member?

By Jimmy Singh & Tayla Regan Imagine being compelled by the courts to give evidence against your mum, dad, brother or sister. Regardless of the court outcome, consider the kind of potential damage this can cause to the relationship. To avoid undue hardship of a witness and to protect the family unit, in some situations ...continue reading

The Law on Jaywalking and Hitchhiking

By Jimmy Singh & Tayla Regan Jaywalking is generally where you cross the road in unsafe circumstances. Arguably, crossing a road against a red pedestrian light, or where there is no light, onto oncoming traffic (within 20 meters of a crossing) do so with full appreciation of the risks (which can result in serious consequences), ...continue reading

The Law on Getting Bail When Charged by Police

By Jimmy Singh and Tayla Regan What is Bail? Where police charge you for a criminal offence, you become accused of an alleged offence. As a result, the Bail Act 2013 (NSW) is engaged, and a bail process starts. This means that, depending on the allegation or criminal charge, you will either be put into ...continue reading

New Laws on The Right to Silence for Criminal Offences

By Jimmy Singh and Tayla Regan Say for instance you have been arrested for a crime, taken to the police station, and offered to participate in an interview with the police. Can you refuse to give an interview with police without your silence being used against you later? Can your silence amount to a consciousness ...continue reading

When Can Police Take Your Phone?

NSW Police are often seizing mobile phones (and other items) from people suspected of crimes, including those that are bystanders, who record an incident which they are not even involved in. The digital era, with the regular use of smart phones, which allow people to record footage and photos wherever and whenever, has resulted in ...continue reading

The Difference Between Summary, Indictable & Strictly Indictable Offences

There are two types of main charges in NSW labelled as “indictable offences”, and “summary offences”. The period of time your case will take in court to finalise, whether police are still allowed to prosecute you for an offence that occurred more than 6 months ago, and the seriousness of the penalties you are faced ...continue reading

New Penalties to be Introduced in NSW

Evidence establishes that community supervision and programs are much more effective at changing offenders behaviour to reduce reoffending. In fact, sending offenders to prison for less than 2 years have not been effective in trying to change behaviour in offenders generally. A number of significant changes in NSW penalties have been proposed, and it will ...continue reading

Spent Convictions

A criminal conviction is something that can generally impact on your ability to gain employment and travel overseas. Although not many are aware, generally, a convicted person is not required to disclose, for any purpose, any information about his or her conviction, if that conviction is “spent”. In addition to this, a question concerning your ...continue reading

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