Criminal and Traffic Offences | By Lawyers
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Criminal and Traffic Offences

NSW

This publication guides practitioners through criminal and traffic offences in the Local Court of New South Wales, apprehended violence orders and Commonwealth offences.

5 Matter Plans

Overview

The Criminal and Traffic Offences commentaries cover all aspects of criminal matters, with an emphasis on criminal procedure and sentencing for summary and indictable offences in the Local Court of NSW. They cover the key stages from charging, to bail, a defended hearing or a plea of guilty, and sentencing. Practical guidance in preparing for court is included, with detailed commentary on analysing the charge and considering evidence.

The Apprehended Violence Order guide covers applying for an order, negotiating, varying and opposing an order and appeals.

The supplementary Commonwealth offences guide assists practitioners in advising and representing clients charged with offences under the Crimes Act 1914 (Cth) and the Commonwealth Criminal Code. The commentary sets out the procedure for summary and indictable Commonwealth offences from bail considerations to sentencing. The possible sentencing options are covered in detail, and there is a very useful table of the Commonwealth offences most frequently encountered.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Also included is 101 Subpoena Answers, which is a useful reference guide.

Precedents in this publication include:

  • Library of initial letters to clients, covering a variety of offences and possible outcomes;
  • Letters to:
    • clients;
    • police;
    • the Crown;
    • third parties, including witnesses and experts;
  • Information sheets for clients explaining the court processes and what to do on the day of the hearing;
  • Attendance notes for every stage.
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5 Matter Plans Included

  • Item icon ALERT - The Local Court of NSW introduced a new virtual Bail Division which will hear weekday adult bail matters across NSW via audio visual link from 7 July 2025.
    The Local Court of NSW introduced a new virtual Bail Division which will hear weekday adult bail matters across NSW via audio visual link from 7 July 2025.

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  • Item icon Full Commentary - Local Court Criminal (NSW)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Subpoena Answers
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Litigation
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Item icon Calculating Penalty Units - All States and Territories
    • Item icon Further information
  • Item icon Overview and penalty units
    All criminal charges, regardless of their seriousness, commence in the Local Court. The Criminal Procedure Act 1986 provides the framework for the way in which criminal matters are dealt with, including the commencement of proceedings. When proceedings commence it is particularly important that ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Criminal
    • Item icon To do list - Criminal
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Criminal
    • Item icon Conflict of interest check
    • Item icon Attendance note - Conflict of interest check - No conflict
    • Item icon Attendance note - Conflict of interest check - Conflict identified
    • Folder icon Library of initial letters to client
      • Folder icon Alcohol and driving offences
        • Item icon Initial letter to client - Drive whilst disqualified - First offence
        • Item icon Initial letter to client - Drive whilst disqualified - Second offence
        • Item icon Initial letter to client - Drive whilst suspended - First offence
        • Item icon Initial letter to client - Drive whilst suspended - Second offence
        • Item icon Initial letter to client - High range prescribed concentration of alcohol - First offence
        • Item icon Initial letter to client - High range prescribed concentration of alcohol - Second offence
        • Item icon Initial letter to client - Low range prescribed concentration of alcohol with section 10
        • Item icon Initial letter to client - Low range prescribed concentration of alcohol without section 10
        • Item icon Initial letter to client - Low range prescribed concentration of alcohol - Second offence
        • Item icon Initial letter to client - Middle range prescribed concentration of alcohol - First offence
        • Item icon Initial letter to client - Middle range prescribed concentration of alcohol - Second offence
        • Item icon Initial letter to client - Novice and special range prescribed concentration of alcohol - First offence
        • Item icon Initial letter to client - Novice or special range prescribed concentration of alcohol - Second offence
        • Item icon Initial letter to client - Alcohol and drug driving middle range - First offence
        • Item icon Initial letter to client - Alcohol and drug driving middle range - Second offence
        • Item icon Initial letter to client - Alcohol and drug driving high range - First offence
        • Item icon Initial letter to client - Alcohol and drug driving high range - Second offence
        • Item icon Initial letter to client - Second offence of combined alcohol and drug offence
        • Item icon Section 10 paragraph
      • Folder icon Assault
        • Item icon Initial letter to client - Assault
        • Item icon Initial letter to client - Assault occasioning actual bodily harm
        • Item icon Initial letter to client - Assault occasioning actual bodily harm in company
        • Item icon Initial letter to client - Malicious wounding or infliction of grievous bodily harm
        • Item icon Initial letter to client - Malicious wounding or infliction of grievous bodily harm in company
      • Folder icon Offences against police
        • Item icon Initial letter to client - Assault police actual bodily harm
        • Item icon Initial letter to client - Assault police no actual bodily harm
        • Item icon Initial letter to client - Resisting police
      • Folder icon Other offences
        • Item icon Initial letter to client - Offensive conduct
        • Item icon Initial letter to client - Offensive language
      • Folder icon Prohibited drug offences
        • Item icon Initial letter to client - Possession of cannabis
        • Item icon Initial letter to client - Possession of cocaine
        • Item icon Initial letter to client - Possession of ecstasy MDMA
        • Item icon Initial letter to client - Possession of heroin
        • Item icon Initial letter to client - Possession of speed MDA
    • Item icon Engagement and costs management
      Criminal matters should always be the subject of formal engagement and a costs agreement, like any other matter. Many practitioners charge a flat fee for pleas of guilty in criminal matters. However, this does not mean that a formal costs agreement is not required. The first or second conference ...

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    • Item icon Letter to client enclosing costs agreement - Criminal
    • Item icon Costs agreement - NSW
    • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon First contact – Arrest
      Arrest The client is at the police station having just been arrested and they’ve been given the phone to ring a lawyer for advice as to what they should do. To assist with answering that question it is necessary to be familiar with, or at least able to refer to, Division 2 of Part 9 of ...

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    • Item icon At the police station
      At the police station go to the front counter and identify as a legal practitioner – a Law Society photo ID card is ideal, but a business card will usually suffice. State the name of the client who is in custody and ask to see them. Inevitably there will be a period of waiting, but do not let it be ...

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    • Item icon Police bail
      Bail is to be determined as soon as practicable after the charge is laid: s 44 of the Bail Act 2013. This is done in the first instance by a bail authority, being a police officer of or above the rank of sergeant and present at the police station, or the police officer for the time being in ...

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    • Item icon Police station instructions and advice record
    • Item icon Attendance note - Attending client at police station
    • Item icon Letter to client on bail following attendance at police station
    • Item icon Letter to client refused bail following attendance at police station
    • Item icon Record of interview
      After obtaining the above instructions advise the client in relation to the option of giving a record of interview (ROI), either by way of a series of questions and answers written in the OIC’s notebook, or via an Electronically Recorded Interview with a Suspected Person (ERISP). It is almost ...

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    • Item icon First contact – In the office
      Instructions Initial instructions, whether taken at the police station, at court, or in the office, should focus on the basic information required to understand the charges and the client’s situation. The detail can and should come later. The seriousness of the charges, the client’s previous ...

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    • Item icon Enclosure - Court reference information sheet
    • Item icon Table of Common Charge Options for State Offences – The Public Defenders
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Bail
    • Item icon Bail applications generally
      Bail applications are serious and high-level advocacy work requiring close attention to the provisions of the Bail Act 2013. Section 16 of the Bail Act contains a helpful flow chart that assists with understanding the bail determination process.

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    • Item icon Court bail
      If bail is refused by police, the accused can re-apply for bail to the Bail Division of the Local Court on weekdays by way of audio visual link. The cut off time in the Bail Division is 12 pm. An accused who misses this deadline and remains in custody will have priority in the next day's list. ...

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    • Item icon How bail is determined
      Minor offences Some categories of minor offences, set out in s 21 of the Bail Act 2013, are fine-only offences for which there is a right to release. Most offences under the Summary Offences Act 1988, and offences that are dealt with by a Youth Justice Conference under Part 5 of the Young ...

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    • Item icon Bail conditions
      Section 20A of the Bail Act 2013 provides that conditions may be imposed on a grant of bail, but only if the bail authority is satisfied it is necessary to address an identified bail concern. Police and some magistrates tend to impose conditions on bail as a matter of course. There is often ...

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    • Item icon Instructions for a bail application
      Full instructions on bail are required for the application and to enable prompt, adequate answers to questions from the bench about such details as:

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    • Item icon Retainer instructions - Bail application
    • Item icon Client details and verifying identity
    • Item icon Letter to counsel with brief for bail application
    • Item icon Security and bail guarantors
      One of the matters that will need to be considered in preparing for a bail application is the question of any security to potentially be provided, either by the accused or any acceptable persons, defined in the Bail Act as a bail guarantor. Any security to be given either by the client or by a ...

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    • Item icon Letter to bail guarantor
    • Item icon Letter to client in prison regarding date for bail application
    • Item icon AI Prompt for Bail submission
    • Item icon Letter to court enclosing bail application
    • Item icon Letter to prosecution enclosing bail application
    • Folder icon Bail forms
      • Item icon Acceptable person application - bail security agreement
      • Item icon Acceptable person application - character acknowledgement
      • Item icon Application for review of bail conditions by Justice - section 52
      • Item icon Application for variation of bail conditions
      • Item icon Application to set aside forfeiture order
      • Item icon Objection to forfeiture order
      • Item icon Release application/grant of bail
      • Item icon Annexure A to Bail Mortgage
      • Item icon National land registry forms page - Australian Registrars National Electronic Conveyancing Council
      • Item icon National mortgage form - Australian Registrars National Electronic Conveyancing Council
      • Item icon User guide - Australian Registrars National Electronic Conveyancing Council
    • Item icon Bail procedure
    • Item icon Audio visual link
      If the client is in custody having been refused bail then they will appear by way of audio visual link (AVL) from custody in all interlocutory matters, unless it is in the interests of justice that they appear in person and the court so directs: see s 5BB of the Evidence (Audio and Audio ...

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    • Item icon After a bail decision is made
      Bail refused If bail is refused see the client as soon as possible afterwards to discuss the outcome and convey advice as to the merits of a possible further application. Advise what steps can and should be taken next, both procedurally and substantively. Liaise also with the client’s relatives or ...

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    • Item icon Letter to client after successful bail application
    • Item icon Letter to client in prison after unsuccessful bail application
    • Item icon Varying bail
      All of the same considerations that apply to a bail authority when making an original bail decision, whether a police officer or a judicial officer, also apply to making a decision whether bail should be varied: s 15 of the Bail Act 2013. This includes conducting a hearing on the issue, if ...

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  • Folder icon C. Preparations
    • Item icon Analysing the charges
      The client should have the court attendance notice with respect to each charge and the ‘facts sheet’. The facts sheet is in fact an ‘allegation sheet’; it represents the police case at its highest. However, if the client pleads guilty they plead to the facts as stated in the facts sheet. If the ...

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    • Item icon Strict liability and mistake of fact
      Strict liability relates to an offence where the prosecution does not have to prove any mens rea element. However, there is still an available defence of honest and reasonable mistake of fact. That is, that the person was honestly mistaken, on reasonable grounds, as to certain facts existing and ...

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    • Item icon Charge negotiations
      For charge negotiations at court on the first return date, and also in the context of committal proceedings, see Going to Court. There are a number of reasons to negotiate with the prosecution. Where there is more than one charge, a plea of guilty to one might see the others dropped. The client ...

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    • Item icon Taking further offences into account – Form 1 procedure
      Where an offender is before the court for sentencing, the court may take into account further offences that the offender has been charged with but not convicted, being offences which the offender wants the court to take into account when dealing with the offender for the principal offence: ...

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    • Item icon Representations
      If there is an error with the charge, or a technical flaw with the police case, or there are otherwise good grounds, given the client’s particular circumstances and instructions, to request that the prosecution withdraw the charge, or negotiate the charge as discussed above, then make written ...

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    • Item icon Attendance note - Taking full instructions
    • Item icon Proof of evidence
    • Item icon Attendance note - Preparation of proof
    • Item icon Letter to client sending proof of evidence
    • Item icon Attendance note - Considering amended proof of evidence
    • Item icon Letter to client requesting evidence
    • Item icon Letter to potential alibi witness
    • Item icon Letter to potential witness
    • Item icon Attendance note - Conference with defence witness
    • Item icon Letter to Police Local Area Command making representations in a summary matter
    • Item icon Letter to DPP making representations in an indictable matter
    • Folder icon If required - The representations fail
      • Item icon The representations fail
        Most representations are rejected. There is no requirement for the prosecutors to explain why the representations fail, but if asked they will very often tell. It may have been aimed too high in which case further negotiation may fix it. Remember also that the police officer in charge of the case ...

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    • Item icon Letter to court requesting interpreter
    • Item icon Written instructions to plead guilty
  • Folder icon D. Going to court
    • Item icon Attendance note - Brief to counsel
    • Item icon Brief to counsel - Criminal
    • Item icon Example content - Brief to counsel - Criminal
    • Item icon AI Prompt for Brief to counsel
    • Item icon Letter to counsel enclosing brief
    • Item icon Attendance note - Advice on plea
    • Item icon First return date
      At the first return date, unless there is a plea of guilty, strictly indictable charges will proceed in accordance with Local Court Practice Note Comm 2. Table 1 indictable and summary matters will proceed in accordance with Chapter 5 of Local Court Practice Note Crim 1.

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    • Item icon Court attendance sheet
    • Item icon Attendance note - Court appearance
    • Item icon Letter to client advising court date
    • Item icon Pre-plea negotiations with the prosecution before or at the first court date
      Where possible, communicate with the prosecution as discussed above for charge negotiations, including making written representations if appropriate. However, for summary offences where the client wants the matter completed on the first occasion and the amendment is just something minor in the way ...

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    • Item icon Second or subsequent return date and further adjournments
      By the second return date the retainer should be confirmed and necessary instructions held. If there is to be an application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 then inform the court and have the application listed for hearing. In a summary or Table 1 ...

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    • Item icon Attendance note - Reviewing additional prosecution material
    • Item icon Letter to client enclosing prosecution evidence and make appointment for instructions
    • Item icon Letter to client informing of hearing date
    • Item icon Attendance note - Preparation of witness statement
    • Item icon Letter to witness enclosing statement
    • Item icon Letter to counsel enclosing defence witness statements
    • Item icon Letter to witness with arrangements for attendance at hearing
    • Item icon Attendance note - Considering client's previous convictions
    • Item icon Attendance note - Considering custody record
    • Item icon Attendance note - Considering prosecution evidence
    • Item icon Attendance note - Viewing CCTV footage with client
    • Item icon Attendance note - Viewing CCTV footage without client
    • Item icon Attendance note - Viewing client's police interview
    • Item icon Letter to police requesting items not served
    • Item icon Letter to client who failed to attend court - Matter adjourned
    • Item icon Letter to client who failed to attend court - Warrant issued
    • Item icon Written instructions to plead guilty
  • Folder icon E. Summary matters - Mental health orders
    • Item icon Overview
      Part 2, Division 2 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 provides a diversionary scheme for people with mental health and cognitive impairment issues who are charged with offences that may be dealt with summarily. Under s 12, if it appears to a ...

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    • Item icon Definitions
      The definitions provided in the Act serve as a useful starting point to determine whether a client is eligible for a mental health order:

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    • Item icon Medical report
      The above definitions are technical and the only evidence that will usually satisfy the court that the client meets them is a report from a psychologist or psychiatrist. It is easier, quicker and cheaper, if the client already has a treating psychologist or psychiatrist who can prepare the report. ...

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    • Item icon Authority for medical records - General
    • Item icon Letter to client's treating psychiatrist or psychologist - Mental health order
    • Item icon Letter to medico-legal psychiatrist or psychologist - Mental health order
    • Item icon Enclosure - Mental Health and Cognitive Impairment Forensic Provisions Act 2020 - Provisions for report writer
    • Item icon What the magistrate considers
      Section 15 of the Act sets out the matters which the magistrate may consider when deciding whether to exercise their discretion under s 12. Addressing these considerations is the key task of the practitioner when making an application for an order under s 13 or s 14. It requires ...

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    • Item icon The offending behaviour
      The particular facts and circumstances of the defendant’s alleged offence are relevant, but the type of offence is not. Magistrates may be falling into appellable error if they refuse to make mental health orders for certain categories of offences, such as High Range PCA, for example. However, ...

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    • Item icon Treatment plan
      One of the key considerations for a magistrate deciding whether to exercise their discretion to make a mental health order is whether a treatment or support plan has been prepared and the content of that plan. Part 2 of the Act is a diversionary program. The explanatory memorandum to the Act ...

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    • Item icon Orders and breaches
      Orders under s 14 can be unconditional, which amounts to a complete discharge without any conviction and without the offence being found proven or otherwise: s 14(1)(c). More commonly, orders are made to discharge the defendant into the care of a responsible person, either with or without ...

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    • Item icon Tactical considerations
      An application for an order under s 14, or even under s 13 can be made at any stage of the proceedings, whether or not the defendant has entered a plea: s 9. Multiple applications are possible, although there would need to be new circumstances or evidence to make a subsequent ...

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    • Item icon Liaising with the prosecutor
      Like most applications, there will be a greater chance of success if the prosecution supports, or does not oppose, the proposed order. Also, magistrates will not appreciate any application being made where the medical report upon which it is based has not been served upon the prosecutor in advance. ...

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    • Item icon Unsuccessful applications
      If the magistrate declines to exercise their discretion to make a mental health order, a plea will need to be entered and the matter will proceed as usual. It may be appropriate to ask the magistrate who dealt with the application to disqualify themselves from hearing the substantive matter. This ...

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  • Folder icon F. Summary matters - Pleas of guilty
    • Item icon Plea and mitigation instruction sheet
    • Item icon Instructions to plead guilty
    • Item icon Preparing for the plea
      In most summary matters be prepared to conduct a plea at the same time as the plea of guilty is given. It is rare in the Local Court that oral evidence is given on a plea. The practice is that the vast majority of pleas are conducted from the bar table with the legal representative of the client ...

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    • Item icon Letter to client advising on steps to be taken in preparation for a plea of guilty
    • Item icon Authority for medical records - General
    • Item icon Letter to client's treating psychiatrist or psychologist - Sentencing
    • Item icon AI Prompt for Letter to medico-legal expert requesting report for sentencing
    • Item icon Enclosure - Mental Health and Cognitive Impairment Forensic Provisions Act 2020 - Provisions for report writer
    • Item icon Character testimonials or references
      References must be specific to the offence. Provide the Enclosure – Court Reference Information Sheet, available on the matter plan, to the client to give to their referees. If intending to rely upon prior good character under s 21A(3)(f) of the Crimes (Sentencing Procedure) Act 1999, ...

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    • Item icon Enclosure - Court reference information sheet
    • Item icon Recompense
      A willingness to make recompense to the victim of an offence is an indication of the client’s contrition and remorse. Address this issue with the client before the sentence hearing. In the event of the offence having caused some injury, loss or damage ensure that the issue of recompense has been ...

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    • Item icon Assessment reports
      Consider prior to going to court whether the legislation mandates, or else whether the magistrate is likely to want, an assessment report. Section 17D of the Crimes (Sentencing Procedure) Act 1999 provides that a sentencing court must not make an intensive correction order unless it has ...

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    • Item icon Conducting the plea
      It is important when conducting a plea before the Local Court to be concise. Most courts are very busy, especially on list days. It is therefore important not to waffle or waste time, as it will only irritate the magistrate. However, do not be a slave to brevity – make sure to cover all the ...

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    • Item icon Plea procedure
      The procedure in the conduct of a plea is normally as follows:

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    • Item icon Court attendance sheet
    • Item icon Letter to client - Sentence adjourned
  • Folder icon G. Summary matters - Pleas of not guilty
    • Item icon Summary matters – Mental health orders
      From 27 March 2021 the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 applies. For charges on foot before 27 March 2021 the previous legislation still applies, see the Appendix at the end of this commentary.

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    • Item icon Court attendance sheet
    • Item icon Notice of appearance in summary criminal trials
    • Item icon Listing advice
    • Item icon Notice of readiness for the defence
    • Item icon Preparation for the hearing
      At this point turn to the evidence needed to support the client’s case and the issuing of necessary subpoenas. The initial review of the matter and the formulation of a case theory should have identified the subpoenas that are required. The review of the prosecution brief will have confirmed this. ...

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    • Item icon Subpoena for production
    • Item icon Subpoena to give evidence
    • Item icon Letter to witness serving subpoena to give evidence
    • Item icon Police subpoena schedule
    • Item icon Letter to Director General Attorney-General Department as to costs
    • Item icon Commencing the hearing
      It is always a good idea to speak to the prosecutor before the hearing. Phone them from about 8.30 am or see them just before court. Find out if all of their witnesses are available and if they are ready to proceed. There may be some last-minute charge negotiation possible. Try to agree on as much ...

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    • Item icon No case to answer
      A submission may be made by the defence at the close of the prosecution evidence that the defendant has no case to answer and the charges should be dismissed because the prosecution has insufficient evidence to prove them to the required standard. Whether a no case submission succeeds or fails is a ...

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    • Item icon The defence case
      After the close of the Crown case and any no case to answer submissions, the accused can then call evidence. If it is proposed to call the accused, the accused should be called first. Great difficulties can ensue if the accused is called out of order. For example, there could be a submission by the ...

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    • Item icon Costs
      At the outset it should be said that costs orders against the prosecution are hard to get. However, they are more likely if some preparation towards them has been made – such as representations made on a specific charge or part of the evidence which have been rejected, and then the defence ...

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    • Item icon Attendance note - Preparation for hearing
    • Item icon Attendance note - Additional preparation for hearing
    • Item icon Attendance note - Preparation for adjourned hearing
    • Item icon Letter to client found guilty - Adjourned for sentence
    • Item icon AI Prompt for Letter to medico-legal expert requesting report for sentencing
  • Folder icon H. Indictable matters - Pleas of guilty and not guilty
    • Item icon Indictable matters – Pleas of guilty and not guilty
      As noted above, if the offence is strictly indictable then it will proceed in the District Court or Supreme Court. It is therefore outside the scope of this guide. As noted above, a Table 1 offence can be dealt with on indictment in the District Court if either the prosecution or the accused ...

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    • Item icon Elections
      Indictable matters are to be dealt with summarily unless an election to have the matter dealt with on indictment is made. If an indictable matter is to be dealt with as a summary matter then it will be dealt with in the same manner as described in Summary matters – Pleas of guilty or Summary ...

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    • Item icon Court attendance sheet
    • Item icon Letter to client as to outcome of representations
    • Item icon Letter to client requesting conference after receiving brief
    • Item icon Application for the direction of attendance of a witness at committal
    • Item icon Committal procedure
      Committal procedure overview Local Court Practice Note Comm 3 applies to committal proceedings. It provides that committals pursuant to the Early Appropriate Guilty Plea scheme proceed by way of either:

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    • Item icon Letter to client after charge certificate
    • Item icon Letter to client after case conference
    • Item icon Application to waive committal hearing - Section 68 Criminal Procedure Act 1986
  • Folder icon I. Sentencing options
    • Item icon Rehabilitation and specific programs
      An important issue relevant to sentence is the client’s prospects of rehabilitation. If there are medical, psychiatric, psychological, substance abuse, anger management or other issues relevant to the client’s offending behaviour, obtain a report from the client’s GP and any attending specialist, ...

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    • Item icon Non-custodial sentences
      Discharge without conviction – Section 10 Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows the court to find the offence proven but not proceed to a conviction, whether unconditionally under s 10(1)(a), or with a conditional release order under s 9 – in which case ...

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    • Item icon Community based orders
      Community Correction Orders (CCO) – Section 8 and Part 7 Instead of imposing a sentence of imprisonment on an offender the court can impose a community corrections order.

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    • Item icon Submissions for section 10
    • Item icon AI Prompt for Section 10 application
    • Item icon AI Prompt for Section 9 application
    • Item icon Custodial sentences
      Full time imprisonment – Section 5 This sentence should only be imposed when the court is satisfied that there are no other appropriate alternative sentences.

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    • Item icon Interstate convictions
      Interstate convictions can be taken into account by the court on sentence, but they do not generally appear on the NSW criminal history that the police tender to the court and they do not have to be voluntarily disclosed. However, a lawyer has a duty not to mislead the court and must tell the court ...

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  • Folder icon J. Appeals
    • Item icon Appeals
      Appeals from decisions of the Local Court can be either made to the Supreme Court or the District Court under the Crimes (Appeal and Review) Act 2001. Appeals to the Supreme Court can only be on a ground that involves a question of law: s 52 of the Crimes (Appeal and Review) Act 2001. Leave is ...

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    • Item icon Court attendance sheet
    • Item icon Application for leave to appeal
    • Item icon Notice of appeal to the district court
    • Item icon Annulment application
  • Folder icon K. Finalising the matter
    • Item icon After sentence has been imposed
      The lawyer’s role and retainer do not end at the moment submissions on sentence are completed, nor when the bench passes sentence upon the client. Explain the outcome to the client – most lay people can sit in court and listen to a judicial officer give a short ex tempore decision on sentence and ...

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    • Item icon Spent convictions
      Sections 7, 8, 9 and 12 of the Criminal Records Act 1991 deal with spent or expired, convictions. The provisions are detailed and should be carefully read before advice is given, but generally all adult convictions except those for sexual offences, those against corporations and those ...

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    • Item icon Letter to client after sentence - Select outcome
    • Item icon Letter to client after sentence - Insert outcome
    • Item icon Application for time to pay court fines
    • Item icon Letter to client found not guilty
    • Item icon Letter to client - No charges following attendance at police station
    • Item icon Letter to police after no charges for the return of client's property
    • Item icon Letter to police after client found not guilty for return of client's property
    • Item icon Enclosure - Information sheet on criminal records of employees
    • Item icon Example invoice incorporating notification of client's rights - NSW
    • Item icon Invoice recital - Criminal
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Appendix – Mental health applications for charges on foot before 27 March 2021
  • Item icon Comments and suggestions for By Lawyers

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