Question 1

Should I speak to police without a lawyer?

Accepted Answer

No. You should always respectfully decline to answer questions, other than providing mandatory identification, until you have spoken with a lawyer. The right to silence is your strongest protection.

Question 2

Can police search my home without a warrant?

Accepted Answer

Generally, police need a search warrant. There are exceptions under LEPRA, such as responding to a domestic violence incident, preventing an imminent breach of the peace, or if you consent to the search.

Question 3

Do I have to comply with everything a police officer tells me to do?

Accepted Answer

You must comply with lawful directions given by police in the execution of their duty, but the officer must actually be acting lawfully at the time - an unlawful arrest or an order outside their powers can mean a resist/hinder charge is not made out.

Question 4

What is the "unacceptable risk" test for bail?

Accepted Answer

The primary test under the Bail Act 2013. The court must determine whether releasing the accused poses an unacceptable risk of failing to appear, committing a serious offence, endangering safety, or interfering with witnesses or evidence.

Question 5

What are "show cause" offences?

Accepted Answer

Serious charges (life-imprisonment offences, serious firearms offences, or serious indictable offences committed while already on bail) where the presumption of bail is reversed - the accused must show cause why their detention isn't justified before the risk test is even considered.

Question 6

Can I apply for bail again if it's been refused?

Accepted Answer

Generally only once in the Local Court, unless there are new facts or circumstances, you lacked legal representation the first time, or another statutory basis applies. If refused, you may apply to the Supreme Court.

Question 7

What is an Apprehended Domestic Violence Order (ADVO)?

Accepted Answer

A court order protecting a person from violence, harassment or intimidation by someone they have or had a domestic relationship with. Having one made against you is not a criminal conviction, but breaching one is a serious offence.

Question 8

What's the difference between Common Assault and ABH?

Accepted Answer

Common assault typically involves no injury or very minor injury, or just the threat of violence. Assault Occasioning Actual Bodily Harm (ABH) is charged when the assault causes a more significant, lasting injury.

Question 9

Is self-defence a complete defence to assault?

Accepted Answer

Yes, if you believed your actions were necessary to defend yourself, another person, or property, and your response was reasonable given the circumstances as you perceived them.

Question 10

What's the difference between larceny and robbery?

Accepted Answer

Larceny is taking someone else's property without consent, intending to permanently deprive them of it. Robbery is more serious - larceny committed using violence, the threat of violence, or intimidation against a person.

Question 11

Is larceny the same as shoplifting?

Accepted Answer

Shoplifting is one form of larceny - the legal term for dishonestly taking property without consent, intending to permanently deprive the owner of it. Larceny also covers theft in other settings, like a workplace or private residence.

Question 12

What's the difference between break and enter and larceny?

Accepted Answer

Larceny is simply taking property without consent. Break and enter is a separate, more serious offence criminalising the unlawful entry itself, where entry was made intending to commit a serious indictable offence once inside.

Question 13

What is consent under NSW law?

Accepted Answer

Under NSW's affirmative consent model, a person consents if they freely and voluntarily agree. Not resisting physically or verbally isn't consent - the accused must have taken steps to actually ascertain whether the other person was consenting.

Question 14

What is the Cannabis Cautioning Scheme?

Accepted Answer

A NSW Police scheme allowing officers to issue a formal caution, rather than lay charges, to adults found with a small quantity of cannabis for personal use - generally limited to a first or second detected offence, assessed by police at the time.

Question 15

What is MERIT?

Accepted Answer

Magistrates Early Referral Into Treatment - a voluntary program through most NSW Local Courts connecting eligible defendants with drug and alcohol treatment before their matter is finalised. Successful participation can be weighed at sentencing.

Question 16

What does "deemed supply" mean?

Accepted Answer

If you're found with a prohibited drug at or above the traffickable quantity, the law presumes it was possessed for supply rather than personal use. You can rebut that presumption on the balance of probabilities.

Question 17

What should I do if I've been charged with a criminal offence?

Accepted Answer

Avoid discussing the matter with anyone other than your lawyer, including on social media, and don't answer further police questions without advice. Keep your paperwork and contact a criminal lawyer before your first court date.

Question 18

Do I need a lawyer for a first offence?

Accepted Answer

You're not legally required to, but even a first offence can result in a recorded conviction affecting employment, travel and professional licensing. A lawyer can advise on options like a Section 10 non-conviction order.

Question 19

What is a "mention" in a criminal case?

Accepted Answer

A short, procedural first (or early) court appearance where your matter is listed to confirm a plea, set a timetable, or check on progress - it is not the hearing or trial itself, and often takes only a few minutes.

Question 20

What's the difference between a summary offence and an indictable offence?

Accepted Answer

Summary offences are less serious matters finalised in the Local Court before a Magistrate. Indictable offences are more serious and can proceed to the District or Supreme Court, sometimes before a jury, depending on the charge and how it is dealt with.

Question 21

Can a criminal charge be withdrawn or dismissed?

Accepted Answer

It depends on the evidence. Charges are sometimes withdrawn after negotiation, dismissed following a successful defended hearing, or thrown out due to procedural or evidentiary problems. There is no guaranteed outcome.

Question 22

What's the difference between a Section 10 and a CRO?

Accepted Answer

A Section 10 dismissal involves no conditions after your court date. A Conditional Release Order (CRO) without conviction acts like a good behaviour bond - you avoid a record, but must remain of good behaviour for a set period.

Question 23

How long do I have to appeal a Local Court conviction?

Accepted Answer

Generally 28 days from your sentence or conviction date to lodge an appeal to the District Court. You may still apply for 'leave to appeal' within 3 months if you miss this, but need a good reason for the delay.

Question 24

What's the difference between a severity appeal and a conviction appeal?

Accepted Answer

A severity appeal accepts guilt but argues the sentence was too harsh. A conviction appeal argues you are not guilty and the Local Court made an error in convicting you.

Question 25

How long do I have to appeal a licence suspension?

Accepted Answer

Generally 28 days from the date you receive the suspension notice from Transport for NSW to lodge your appeal with the Local Court. Missing the deadline can mean losing your right to appeal.

Question 26

What's the difference between the PCA ranges?

Accepted Answer

Low range PCA is a blood alcohol concentration of 0.05-0.079. Mid range is 0.08-0.149. High range is 0.150 or higher. Higher ranges carry mandatory interlock periods, longer disqualifications, and for high range, a real risk of imprisonment.

Question 27

What is an interlock device?

Accepted Answer

An electronic breath testing device wired to your vehicle's ignition, requiring a zero-alcohol sample to start the car. Mandatory for mid-range, high-range, and repeat drink driving offenders in NSW.

Question 28

Can I use my phone at all while driving in NSW?

Accepted Answer

Full licence holders may use a phone hands-free for a limited set of functions if secured in an approved fixed cradle. Learner and P1 licence holders cannot use a phone at all while driving, even hands-free.

Criminal Law Questions Answered

Police & Arrest