Automatic language translation
Our website uses an automatic service to translate our content into different languages. These translations should be used as a guide only. See our Accessibility page for further information.
The information contained on this website is a guide only and should not be considered to be legal advice. Defendants who are unsure about any aspect of the matter should seek professional legal advice. Information about legal advice can be found here.
A criminal case is a case where a ‘Prosecutor’ has charged a person with a crime or other offence. The person who has been charged with the offence is called the ‘Defendant’. The Prosecutor may be a police officer, a Prosecutor from the Office of the Director of Public Prosecutions (NSW) or from the Commonwealth Director of Public Prosecutions, or another government agency.
Most criminal cases in New South Wales first come before the Local Court. Juries are not used in the Local Court. For a criminal case to be proven, the standard of proof is ‘beyond reasonable doubt’.
There are two types of criminal cases in NSW: Summary Offences and Indictable Offences. Indictable Offences are more serious offences, such as murder and sexual assault.
The Local Court hears Summary matters, while the District Court and Supreme Court hear Indictable matters. There are some Indictable Offences, called ‘Table Offences’, which can be heard in the Local Court.
Indictable Offences start in the Local Court and the defendant will be committed for hearing in the District or Supreme Court. If a defendant pleads guilty to the offence while it is in the Local Court, the case is committed for sentencing. If the defendant pleads not guilty, the case will have a committal hearing in the Local Court. The role of the Magistrate in committal hearings is to determine whether the prosecution’s evidence is capable of satisfying a jury, beyond reasonable doubt, that the defendant has committed an indictable offence. If the Magistrate is satisfied that the evidence is capable of satisfying a jury, the defendant is committed for trial or sentence to a higher court (either the District Court or the Supreme Court, depending on the offences). Cases committed to a higher Court are then determined by a Judge and jury.
Most criminal offences heard by a local court are commenced by New South Wales police. If you have been charged with a criminal offence you will receive a Court Attendance Notice.
You will also receive a Court Attendance Notice if you had received a fine and have chosen to have the matter heard by a court.
A Court Attendance Notice is a document that tells you:
Further information about what to do after you have received a Court Attendance Notice (CAN) is located on the Legal Aid website.
If you think you won't be able to make it to Court you can
If you don't go to court, the Magistrate can make a decision without you being there. If you missed your Court date you should call the Court and find out what happened. If you are on bail and you don’t go to Court, you may be committing an offence.
When charged with a criminal offence, the police may arrest a person and place them in police custody. In order to be released into the community while awaiting their court date, a decision regarding bail will need to be made. Bail is a signed agreement to attend court to answer a charge for one or more offences and can also include a requirement to comply with set conditions.
Factors that will be considered when determining bail include the seriousness of the charges, any other criminal charges before the Court, criminal history and whether there is a risk of a person committing further offences or not attending Court.
If police do not grant a person bail at the police station, they are required to bring them before a Magistrate within a reasonable time where a bail decision will be made.
Conditions can be ordered as part of a bail agreement. Conditions can include another person, called a surety or acceptable person, agreeing to deposit or forfeit money as a guarantee that a person will comply with their bail conditions and attend Court. Conditions can also include for a person to:
You can read more about bail on the Legal Aid website, click here.
If you want to change your bail conditions, you will need to make a Review of bail application. To do this, you will need to complete an application form and file it at the Local Court.
Before making an application to vary your bail conditions, you should get legal advice.
In a criminal case, the defendant has to enter a plea of guilty or not guilty. Pleading guilty means that the defendant agrees with the version of events that the prosecutor puts forward to the Court. Pleading not guilty means you disagree with the version of events put forward by the prosecutor.
If a defendant enters a plea of guilty, the case may be finalised that day. The Magistrate will:
A defendant will then have the opportunity to tell the Magistrate about the offence, about themselves, and whether there are any circumstances that they want the Magistrate to consider when deciding what penalty to impose.
If a defendant filed a Written Notice of Pleading instead of attending Court, the Magistrate will take into account any information they have provided.
The Magistrate will then decide on the penalty. Depending on the order made, a defendant may have to attend the Court registry to sign papers.
If a defendant enters a plea of not guilty, the case will not be finalised that day. Depending on the type of case, the Court will either list the case for a hearing, or will ask the Prosecutor to prepare a brief of evidence before the case is listed for a hearing.
If you have entered a plea with the Court and wish to change this, you must complete a change of plea at least 48 hours prior to your next listing date to ensure the court is in receipt of your change of plea. To do this please complete a written notice of pleading.
A defendant can advise the Court of their plea by completing and sending a form called Written Notice of Pleading. A defendant who has filed a Written Notice of Pleading at least seven days before the date listed on the Court Attendance Notice does not need to attend Court.
If a plea of guilty is entered, the Court registry will only send a written notice of the outcome if a fine and/or court costs are imposed. In some cases it may be necessary for the Defendant to attend Court for sentencing – the Court registry will advise the defendant in writing if this is necessary. If a plea of not guilty is entered, the Court registry will send a defendant a notice to advise of the date for the hearing.
Criminal sentencing options that the courts can give include:
The New South Wales Local Court also has a number of programs that may be recommended by the magistrate to address underlying causes of offending. See the DCJ website for Diversion and Therapeutic Programs.
The magistrate may order a Sentencing Assessment Report (SAR) after a plea guilty or a finding of guilt. The report is prepared by Community Corrections, which are part of Corrective Services NSW. Community Corrections will interview the defendant, assess sentencing options and prepare a report for the court.
These are some of the penalties or orders that a court can make that do not involve imprisonment:
A Community Correction Order (CCO) is a community based sentencing option that a judicial officer may consider a suitable alternative to a term of imprisonment. A CCO will have standard conditions which includes that an offender must not commit any offence.
A CCO may also include additional and/or further conditions dependent on the type of offence, community safety, and an offender's circumstances. Additional conditions may include supervision, community service work, curfews, alcohol and drug abstinence, non-association, place restriction, programs and treatment.
A Conditional Release Order (CRO) is a community based sentencing option that provides the court with an option to divert low-risk and less serious offenders away from the criminal justice system. A CRO can be imposed with or without conviction.
A CRO will have standard conditions which includes that an offender must not commit any offence. A CRO may also include additional and/or further conditions dependant on the type of offence, community safety, and an offender's circumstances. Additional conditions may include supervision, alcohol and drug abstinence, non-association, place restriction, programs and treatment.
In driving offences, a court can impose a driving disqualification period that prevents a person from driving for a period of time.
A fine or monetary order is a sum of money that has to be paid. Monetary orders include court costs, witness expenses, compensation and professional costs.
See here for a further list of penalties for criminal offences- external.
A custodial sentencing option can be served by way of imprisonment in a gaol or in the community via a Intensive Correction Order:
People found guilty of serious offences may be sentenced to a period of imprisonment and held in an adult correctional centre.
An Intensive Correction Order (ICO) is a term of imprisonment that is served in the community. Community safety is the court's paramount consideration when imposing an ICO.
Supervision is a mandatory condition, as well as at least one additional condition. The severity of an ICO can be strengthened by the layering of additional conditions such as home detention, electronic monitoring, curfews, community service work, alcohol and drug abstinence, place restrictions, programs and treatment.
For further information on sentencing options in the criminal jurisdiction, see the Legal Aid website
For further information on sentencing decisions, see The Decision on the Legal Aid website
There are a number of pathways to appeal or review a decision of the Local Court:
If the defendant was not present when convicted and sentenced:
In all criminal and Apprehended Violence Order (AVO) cases, if a person is convicted and sentenced, and is not present at court when that occurs, an appeal can be made to the Local Court. This is called a Section 4 Review (or application for annulment). The Local Court can decide to annul the previous conviction and sentence (this means set aside those orders) and then re-determine the case.
The time limit for making a Section 4 Review application is 2 years from the date of conviction or sentence.
The application for a Section 4 Review is lodged at the Local Court. There is a fee for this application.
Appeal to a higher Court instead of a Section 4 Review can only be made with leave of the higher Court.
Where a defendant was present when convicted and sentenced, an appeal is made to the District Court. An appeal can be made against the conviction or sentence, or both.
The time limit for a District Court appeal is 28 days after date of conviction or sentence. Leave to appeal can be made up to 3 months after the date of conviction and sentence.
An appeal form is lodged at the Local Court and a fee applies for lodging an appeal.
Where a defendant was present when convicted and sentenced, appeals against decisions of the Local Court in environment offences are made to the Land and Environment Court.
The time limit for a Land and Environment Court appeal is 28 days after the conviction or sentence.
The form of appeal against environment offences is lodged at the Land and Environment Court.
You can read more about appeals on the Legal Aid website, click here.
If you are found guilty of an offence, the Court can make a Criminal Compensation Order that you pay the victim an amount of money to compensate them for loss or injuries.
Police can seek this order on behalf of the victim of crime. The Court will usually decide whether to make the order at the same time you are sentenced.
If you are found guilty of an offence, you may be ordered to pay the prosecutor's legal costs. Depending on the offence, the prosecutor may be a police officer, council or RSPCA officer, a lawyer representing a prosecuting party.
The amount of legal costs that you could be ordered to pay can vary from case to case, and depends on the amount that the prosecutor asks for and what the magistrate thinks is just and reasonable.
Where a court makes an order for payment of compensation or for costs and this has not been paid, enforcement proceedings can be started in the civil jurisdiction of that court.
The creditor (person to whom the money is payable), can request the Court that made the order to prepare a certificate of conviction. The certificate must then be registered as a judgment of the Court, allowing civil enforcement to commence.
A person seeking to enforce a criminal order for compensation or costs is not required to pay fees for the civil enforcement process.
For more information on orders for compensation or costs and enforcement, see the Legal Aid website.
For further information about registering an order for compensation/costs in the Local Court, see Registering an order from a Court or Tribunal.
Last updated: