If you are under investigation for a criminal offence in NSW, the Police will be interested in asking you questions in an interview. You have a right to remain silence – this means you can freely refuse to answer Police questions and do not have to make a statement or interview. It is your choice. You should seek legal advice from a Criminal Lawyer before you decide whether to do an interview or answer questions.

Sometimes doing an interview will help police strengthen their case and lead to you being charged with a crime. It will then be very difficult to defend a criminal charge in Sydney courts.

It is also very important to remember that Police cannot say you are guilty because you refused to answer questions or do an interview. It is your fundamental legal right to choose to remain silent.

A criminal lawyer can either be a barrister or a solicitor in the Downing Centre Sydney courts or anywhere else in NSW. They are both legal professionals who defend you in criminal cases and can advocate on your behalf. The main difference between a criminal defence barrister and a criminal defence solicitor is the type of legal work they do on your case and the type of court the case is in.

In Jury trials in the District Court, a barrister is usually required because they specialise in court appearances and speaking to a jury. By contrast, a solicitor who practices in criminal law in Sydney is required to do the preparation work, consult the client and work with your barrister to make sure everything is ready for the trial. Barristers are criminal law specialist lawyers who are trained in court advocacy and cross-examining witnesses in more complex and serious crime matters.

In most cases in the Local Court of Sydney, Parramatta, Bankstown or Penrith, a criminal defence solicitor will work on your case from start to finish and a barrister may not be required, unless you choose to add one to the legal team. If you choose a barrister, your solicitor will then hire one for legal advice and to do the court appearances. Barristers usually do not work directly with clients unless a solicitor is involved in between.

In NSW, rape charges, sexual assault charges that include intercourse without consent and serious sexual harassment charges are classed as ‘strictly indictable’ criminal offences which carry penalties between 5 – 25 years imprisonment. The NSW Legislation has enacted these laws with high penalties to bring about public deterrence of these crimes.  

When an accused person pleads not guilty before the District Court of NSW, it then becomes the task of the Jury (12 members of the community) who sit on the trial of that accused person to hear and see the evidence that is being presented against him/her. The Jury is then empowered to be the judges of the facts and decide if they are satisfied beyond a reasonable doubt of the guilt of the accused. These proceedings that involve serious criminal offences are complex and lengthy. It is important to seek legal advice from one of our specialist criminal lawyers. Book your free consultation today by calling 1800 100 529.

Every criminal offence begins in the Local Court of NSW and then progresses to finality either in the Local Court, District Court or Supreme Court. The more serious criminal cases are prosecuted in the District or Supreme Court, but 90% of crimes are finalised in the Local Court and majority of them are Domestic Violence offences.

The Local Court jurisdiction cannot deal with Strictly Indictable criminal charges to finality but everything else can be. The Local Court in Sydney, Parramatta, Bankstown, Burwood or other suburbs deal mainly in domestic violence cases including common assault, breach AVO, damage property, intimidation, theft and traffic infringements, drivers licence appeals, and other minor traffic law related charges. The Local Court is usually a lot faster than higher courts and has limits on the penalties an person can receive such as a maximum sentence of 2 years imprisonment for a single offence.

Wigs and robes originated in England as a way to distinguish the defence lawyers from other members of society. In NSW court rooms, such as the District Court, it represents to the public, and jury that that all parties are equal and therefore they look the same. No discrimination, only judgment on the evidence presented.

Barristers in Sydney District, Supreme and High Courts are required to wear wigs, robes, jacket and jabot, while their instructing solicitors car wear dark formal attire.

In the Downing Centre Local Court, Bankstown Local Court, or Parramatta Local Court in Sydney, you wont see any wigs or robes being worn as it is not a requirement in the NSW Local Court.

Convictions become spent after a certain period of time even though they appear on a person’s record. In NSW, criminal convictions for non-sex offences which receive a sentence of less than six months imprisonment become spent after a crime free period of ten consecutive years.

Generally, questions about your criminal history usually refer to any convictions which are not spent. It is important to know that the police are not allowed to disclose them to anyone except at the court if the person is charged again.

A person’s good character is admissible under section 110 of the Evidence Act. The Magistrate or judge will have to have regard to accused’s good character when deciding whether or not to believe if it is likely that the accused committed an offence. Your criminal lawyer may also use it to establish your credibility in the denial of the criminal offence.