Your Rights When Arrested in NSW (Complete Guide 2024)
Being arrested is a difficult and stressful experience. It’s very important to have a basic understanding of your rights and the powers of the police. This can have a dramatic effect on the outcome of your case.
How long can I be held in custody in NSW?
In New South Wales, police can generally hold you in custody for a maximum of six hours without charge for the purpose of investigation. However, they can seek an extension from a magistrate for an additional period, up to a maximum of 12 hours.
Supreme Court Bail Applications in NSW (Complete Guide 2024)
Explore Supreme Court bail applications in NSW: their importance, when they're needed, and how they function in the criminal justice process.
What is a Court Attendance Notice in NSW?
A Court Attendance Notice (CAN) is a formal legal document issued in NSW to inform an individual that they are required to appear in court on a specified date and time to answer a charge. This document is served to a person when they have been accused of a criminal offence.
Can the Police Charge You Without Interviewing You in NSW?
We are often asked, "Can the police charge you without interviewing you?" The short answer is, “yes they can”. But let’s explain the law in New South Wales (NSW), Australia, to understand this more fully.
Can I appeal my sentence?
Have you been sentenced by the court and consider it to be too harsh? Or have you been found guilty after pleading not guilty? You may want to consider appealing the decision. Read on to find out more about appeals and how we can assist you.
What are Dedicated Encrypted Criminal Communication Device Prohibition Orders?
New laws have been introduced by the New South Wales Government that target the possession and use of encrypted devices by people suspected of being involved in serious criminal activity. Here is what you need to know, if police serve you with a Dedicated Encrypted Criminal Device Prohibition Order.
What is a Conditional Release Order?
A Conditional Release Order is one of the more lenient sentencing outcomes a Court can impose if you are found guilty of an offence. We take a look at what it is, what conditions can be imposed and what happens if you breach a CRO.
What is a section 14 application?
A section 14 application is an application made in the Local Court by a person who is suffering from a mental health impairment or a cognitive impairment, to be diverted away from the criminal justice system and into mental health care. Read on to find out more about section 14 applications.
Use of body worn video by NSW Police
Have you ever wondered how and why NSW Police use body worn video and what this means if you are stopped by police and recorded? Read on to find out more about the law associated with the use of body worn video and how this might affect you.
New affirmative consent laws in NSW
NSW has become the first state in Australia to introduce affirmative consent laws that require a person to do or say something to confirm consent by another person to a sexual act. In this article we break down what the new legislative changes are and how things are changed for sexual assault prosecutions.
Committal proceedings
You’ve been charged with an indictable offence. Where to from here? When you’ve been charged with an indictable offence in NSW, the first stage in the matter is the committal process. The committal process happens in the Local Court before your matter is sent to the District or Supreme Courts for trial or sentence. Read on here to find out more about each step in the process.
High range drink driving / high range PCA
Drink driving is one of the most common offences sentenced in in the Local Court in NSW. There is a Guideline Judgment which gives guidance about what makes out a typical case and what sentencing options are available. Read on here to find out more.
Leading Criminal Defence Firm - Kingston Fox Lawyers
Exciting news for Kingston Fox Lawyers! For the 4th year running, Kingston Fox Lawyers has been recognised by fellow criminal defence solicitors and barristers as a leading criminal defence firm in Sydney for 2021.
Penalties and sentences in NSW
There are many different penalties and sentences that magistrates and judges in NSW can impose, and the ultimate outcome depends on a lot of different factors including, what kind of offence the court is sentencing for, the particular circumstances of the matter, and the personal circumstances of the person before the court. In this article, we take a look at the penalties and sentences that the courts can impose.