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....
Can I Change My Plea? Reversing Laws NSW
If you are charged with a criminal offence, you will be required to indicate a plea where you state that you either accept the charges (guilty) or you wish to defend yourself against them (not guilty). A plea is usually...
Are the New Bail Laws here to Stay?
In May this year, a new bail act was introduced in NSW. The Bail Act 2013 signalled a radical departure from previous NSW bail laws. Under the new act, simpler than previous bail laws, the focus is on whether or...
Do You Need a Lawyer When Pleading Guilty?
If you have been charged with a criminal offence, you may be considering pleading guilty. Additionally, you may consider representing yourself in court or be wondering if you do need a lawyer when pleading guilty. Perhaps you are thinking about...
What Can Happen When You Commit a Breach of Bail (NSW)?
If you have been charged with a criminal offence, before any trial or hearing or even any court appearance, there is the consideration by the police and the courts as to whether you should be released on bail or kept...
