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This topic covers
- Police powers, investigations, searches and warrants
- Certain criminal offences​
- Local Court proceedings for a criminal or traffic matter
- Pleading guilty or not guilty
- Sentencing, including submissions and character references.
The information in this topic does not apply to people under 18 years old, unless they are attending the Local Court for a traffic matter.
For information about drink driving or driving under the influence, see the Drink driving and drug driving topic.
For more information about traffic offences and fines, see the Traffic offences and Fines topics.​
- Police powers, investigations, searches and warrants
| Time limit | Action |
|---|---|
| Six hours | After arrest, the police can hold a person to investigate the crime and ​question them. This time can be extended by up to six hours if approved by a Magistrate or other authorised person. |
| Time limits vary | For the police to bring charges against someone, the time limit can vary depending on the charge and the way the matter is dealt with by the Court. |
| 28 days, or three months with leave (permission) of the Court | To appeal a Local Court decision to the District Court. |
| Two years | To apply for an annulment of your conviction or sentence if you missed court. |
Organisation
| Organisation | Responsibilities |
|---|---|
| NSW Police Force | To investigate and prosecute most criminal offences that take place in NSW. |
| Local Court of NSW | Where most minor criminal offences are heard. |
| Children's Court of NSW | Generally hears offences where the person is under 18 years of age, except for driving offences where the person was old enough to obtain a licence. |
Legislation
| Authority | Covers |
|---|---|
| Law Enforcement (Powers and Responsibilities) Act 2022Â (NSW) | Police powers in relation to arrest, interviews, detention, searches and seizures. |
| Crimes Act 1900 (NSW) | Establishes many criminal offences in NSW. |
| Criminal Procedure Act 1986 (NSW) | Sets out of the law for criminal proceedings in court. |
| Surveillance Devices Act 2007Â (NSW) | Regulates police use of body-worn video. |
| Common term | Definition |
|---|---|
| Adjournment | Postponing a court hearing or other court appearance to another date or time. |
| Arrest | To be taken into police custody for committing, or being suspected of committing, a criminal offence. |
| Body-worn video cameras | Equipment worn by a police officer that is capable of recording images or sound or both. |
| Coercive control | A form of abuse which consists of a pattern of behaviour where one person does any, or a combination, of the following to another person to control or dominate them:
Coercive control can happen in any type of relationship, including after a relationship has ended. It can also happen between family members, people residing together or in a carer relationship. From July 2024, coercive control will become a criminal offence in NSW when the abuse occurs towards a current or former intimate partner. |
| Court Attendance Notice | A notice, issued by the police or other authority, that tells you the date and time that you have to go to court to answer an allegation that you have committed an offence. |
| Conviction | An entry on your criminal record for a particular offence. If the Court accepts your plea of guilty or decides you are guilty after a hearing, the Court may decide to record a conviction. |
| Mention | The first date parties go to court. It is usually a short court appearance where:
|
​Notice of Penalty | ​A document sent to the Defendant by the Court after the case. It tells the Defendant what penalty was imposed by the Court and provides payment options. |
Plea | The response you give to the Court to answer a charge. A plea will generally be:
|
| Search warrant | A court order that gives the police permission to search something, for example, a car, home or business. |
| Sentence | An order made punishing a person after they have been found guilty of an offence or pleaded guilty to an offence. |
| Victim | A person that is injured or affected by a crime against them. |
| Warrant | A written authority for the arrest of a person, or an order that allows the police to do something. |
| Witness | A person that sees or knows information about a crime. A victim is a witness because they have information about the crime that took place. |
| Organisation | Fee |
|---|---|
| Local Court of NSW |
There are fees to:
|
| Organisation | Forms |
|---|---|
| Local Court of NSW |
|
| Type | Costs |
|---|---|
| Court costs and levies | If you are convicted of an offence, the Court will order you to pay a mandatory court costs levy unless you:Â
If you are under 18, the Court may also direct that you don't have to pay the Court cost levy. |
| Legal costs | If you defend a matter and lose, you may have to pay the costs of the Prosecutor, for example, the lawyer representing Transport for NSW (TfNSW), or the police. There is no set amount of legal costs - it depends on what is reasonable in the circumstances. Legal costs are not usually ordered in most criminal and traffic matters. If the matter is prosecuted by police, it is extremely rare that an order will be made for you to pay prosecution costs. Traffic fines can be issued either by TfNSW or by police. If you apply to take a traffic fine to court and plead guilty, police will often prosecute these on behalf of TfNSW. If you plead not guilty, TfNSW will usually prosecute the matter. If you are unsuccessful and you are found guilty, TfNSW may seek costs. TfNSW do not usually seek costs in licence appeals. Other prosecuting bodies such as local councils (for example, if you were disputing a council parking fine) or the RSPCA, may seek costs. If you successfully defend a criminal matter, you may be able to claim costs. |
| My problem is about | Paying costs |
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Last updated: April 2024