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
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
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
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
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
A Guide on Your Right to Silence When Approached by Police
By Scott Feeney and Jimmy Singh. The Brazilian Military Police were ready. The raid was about to take place in the northeast of the country, in the low-income community of Vila Irma Dulce. It was Monday the 22nd of April, and while on a regular patrol of their beat, the police observed a man ...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