The Magistrate Refused My Section 14 Mental Health Application – What Now?
If you are charged with a criminal offence and suffer from a mental health impairment or a cognitive impairment, and your case is being dealt with in the Local Court, you may be able to make an application for the...
NSW Bail Hearings: Recent Commencement of New Rules
For decades, NSW has been governed by a complex and heavy-handed bail system under the Bail Act of 1978. NSW bail laws have been particularly harsh on juveniles and vulnerable people, but that has now changed with the commencement of...
What are the Wider Effects of a Criminal Conviction?
Having a criminal conviction on your record can have lasting consequences. Not all convictions are for serious offences, yet a conviction can still end up being a nuisance for years into the future. For example, you might have a conviction...
Advantages Of The Jury System: Should We Keep Jury Trials?
Homer Simpson: “Getting out of jury duty is easy. The trick is to say you’re prejudiced against all races” Today most people see jury duty as a hassle, and to be avoided if at all possible. Historically, the right to...
Should Local Court Hearings be Videotaped? Conviction Appeals and ‘Demeanour’
There is a convincing case to be made for videotaping defended local court hearings. If someone has been tried and convicted in the Local Court, and wants to argue against their conviction, they can lodge an appeal within 28 days...
Representations: How to Get Your Case Dropped Before it Reaches a Defended Hearing or Jury Trial
Our video and Blog post below discusses the question: What are Representations? What are Representations? Representations are basically letters to the prosecution asking them to drop some or all, or reduce the seriousness, of charges brought against you. Charges can...
How Does A Section 14 Mental Health Order Work?
Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 is commonly used to divert those who suffer from mental conditions away from criminal penalisation and towards getting help and treatment they need. A section 14 can...
Can I Get a Section 10 Dismissal or Conditional Release Order for Drink Driving?
If you have been charged with a drink driving offence, the consequences you face can be serious. You can be fined, and can even face a jail term depending on the severity of the offence. You will also face a...
What is an Annulment Application?
When you are given a court attendance notice or are arrested by the police, you are required to physically attend court on the nominated day unless you have a very good reason not to be there. If you are dealing...
Can I Avoid a Conviction if I Plead Guilty to a Serious Drug Charge? R v Mauger
We all make bad decisions from time to time, but when it comes to breaking the law, poor judgment could land you in front of a District Court Judge facing potential time behind bars. The defendant in R v Mauger knows this...
