How Have Changes to the Bail Act Affected Remand Numbers?
The new Bail Act, which came into effect in May this year, has had a significant impact on the number of defendants being granted bail. Although the Bail Act has been controversial, with requests for it to be reviewed only...
Can I Avoid a Conviction and Licence Disqualification if I am Guilty of a second or more Major Traffic Offence?
Section 10 dismissal or conditional release order of the Crimes (Sentencing Procedure) Act 1999 (NSW) is a way to avoid a criminal conviction and, in driving cases, a licence disqualification and fine. The section may apply if you plead guilty,...
Recent Centrelink Fraud Cases
Fraudulently obtaining payments through Centrelink is a Commonwealth offence and can come with serious penalties. Like most other Commonwealth offences, all Centrelink fraud cases in Australia are prosecuted by the Commonwealth Director of Public Prosecutions (CDPP). Centrelink fraud can cover...
Can I Change Paying My Centrelink Debt to Community Service?
If you have been overpaid by Centrelink you will have a debt raised against you. Even if you have done nothing wrong, or the overpayment was a result of a genuine mistake on your part, you will still be required...
Intellectual Disability and Mental Health Orders
In the NSW court system, people with an intellectual disability or mental illness can sometimes be given special provisions, including mental health orders, to allow them to bypass the usual legal system and instead be diverted into treatment programs. Although...
Don’t Let the Truth Get in the Way of Bail Act Hysteria
On 17 September 2014, the Daily Telegraph published a (“news”) story decrying the decision of Police to grant bail to a never licensed driver charged with an offence of Dangerous Driving Causing Death following the tragic loss of a schoolgirl...
Should I Write an Apology Letter to the Court or the Victim if I’m Pleading Guilty?
If you don’t have a lawyer, an apology letter to the judge or magistrate is a great place to start as you may be nervous and a letter allows you time to think about exactly what you want to say...
Drafting Section 14 Mental Health Applications – A Guide for Criminal Lawyers
Applications under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 are a handy tool for diverting clients who suffer from ‘mental conditions’ towards getting the help they need. The section allows a court to dismiss...
Has the NSW Government Lost the Plot on Bail?
The NSW Bail Amendment Bill 2014 appears to showcase the sort of messy governmental decision-making that comes from populist knee-jerk reactions. Within just weeks of the existing Bail Act 2013 coming into operation on May 20 this year, the Baird...
What are the Pros and Cons of Representing Yourself in Court in NSW?
One of the biggest decisions that you will make when you are going to court on criminal charges is whether or not you need to get a lawyer. Today, more and more people are choosing to represent themselves in court....
