Crime

Information about police powers, Local Court criminal and traffic proceedings, entering a plea, and sentencing.

  • This topic covers

    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.​

Time limitAction
Six hoursAfter 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 varyFor 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 CourtTo appeal a Local Court decision to the District Court.
Two yearsTo apply for an annulment of your conviction or sentence if you missed court. 

Organisation

OrganisationResponsibilities
NSW Police Force To investigate and prosecute most criminal offences that take place in NSW.
Local Court of NSWWhere most minor criminal offences are heard.
Children's Court of NSWGenerally 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

AuthorityCovers
Law Enforcement (Powers and Responsibilities) Act 2022 (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 2007 (NSW)Regulates police use of body-worn video.

Common termDefinition
AdjournmentPostponing a court hearing or other court appearance to another date or time.
ArrestTo be taken into police custody for committing, or being suspected of committing, a criminal offence.
Body-worn video camerasEquipment worn by a police officer that is capable of recording images or sound or both.
Coercive control

Coercive control is an ongoing and repeated pattern of behaviour used to control or dominate another person. It can be behaviour that:

  • isolates
  • manipulates
  • threatens
  • hurts (including physically or sexually)
  • scares
  • humiliates
  • harasses
  • monitors or stalks.

Coercive control can happen in any type of relationship. It can happen with an intimate partner, including after a relationship ends. It can also happen between family members, people residing together or in a carer relationship.

From 1 July 2024, coercive control towards a current or former intimate partner will be criminalised in NSW. 

Court Attendance NoticeA 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.
ConvictionAn 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:

  • a party may ask for an adjournment
  • the Court can set a hearing date, or
  • the Court may give some other directions.

​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:

  • guilty - where you agree you committed the offence
  • not guilty - where you dispute you committed the offence or where you have a legal defence to the charge.
Search warrantA court order that gives the police permission to search something, for example, a car, home or business.
SentenceAn order made punishing a person after they have been found guilty of an offence or pleaded guilty to an offence.
VictimA person that is injured or affected by a crime against them.
WarrantA written authority for the arrest of a person, or an order that allows the police to do something.
WitnessA person that sees or knows information about a crime. A victim is a witness because they have information about the crime that took place.

OrganisationFee
Local Court of NSW

Fees

There are fees to:

  • file an appeal to the District Court
  • apply for an annulment of your sentence or conviction in the Local Court.
If you can't afford to pay​ a fee, you can apply to postpone, remit or waive it - see Application to waive or postpone a fee in the Fees section on the NSW Local Court website.

OrganisationForms
Local Court of NSW

Forms

  • Annulment application
  • Notice of Appeal to the District Court

TypeCosts
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: 

  • ​are convicted in the NSW Drug Court 
  • get a section 10(1)(a) dismissal for an offence that does not have a gaol sentence 
  • are convicted in the NSW Children's Court
  • receive a gaol sentence.

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 aboutPaying costs
Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about crime.

Last updated: June 2024