You should get legal advice before doing anything. A lawyer can tell you about your rights in dealing with the police and discuss the offence with you.
If you are Aboriginal or Torres Strait Islander, you can contact the Aboriginal Legal Service.
If you are under 18, you can contact the Youth Hotline. For more information, see Youth Hotline on the My problem is about section of our website.
If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.
A protected suspect is someone who is with a police officer for the purpose of an investigation, but they are not under arrest and are free to leave. The police officer must believe that there is sufficient evidence that the protected suspect has committed the offence they are investigating.
Protected suspects have some of the same rights as a person who is under arrest:
If you are a protected suspect you are entitled to leave. You should not agree to participate in an interview with police until you have spoken to a lawyer. You should get urgent legal advice.
If you are Aboriginal or Torres Strait Islander, you can contact the Aboriginal Legal Service.
If you are under 18 you can contact the Youth Hotline. For more information, see Youth Hotline on the My problem is about section of our website.
If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.
If you are in police custody, you have the right to speak to a lawyer and get legal advice. If you know a private lawyer you may contact that person and ask them to attend. If you don’t know a lawyer, the police can try to contact a lawyer through Legal Aid NSW for you.
If you are under 18, the police are required by law to make sure you get legal advice. You should be put through to the Legal Aid Youth Hotline, a free legal advice service for under 18's, to speak to a specialist Legal Aid children's solicitor.
If you identify as Aboriginal or Torres Strait Islander, the police are required by law to notify the Aboriginal Legal Service.
For more information, see BURN: Police interviews on the Ways to get help section of our website.
If you have a friend or relative in police custody, you can try to organise a private lawyer to attend the station or give them legal advice over the phone. However, keep in mind that the person in custody may have already spoken to a lawyer while in custody.
Generally, you are not entitled to know or be updated about the details of a person in police custody, including why they were arrested or what they will be charged with. This is confidential information.
It is up to the police whether they will tell you where a person in custody is being held while they are in police custody. You can contact the Custody Manager at the local police station/s and ask if your friend or relative is being held in custody there, however you may not be entitled to this information.
However, if the person in custody in under 18 and you are their parent or primary carer, you should be entitled to this information from the police. If your child has been taken into police custody, the police should attempt to contact you before interviewing your child.
If you have been an involuntary patient in a mental health facility and are to be or have been released into police custody, you have the right to speak to a lawyer and get legal advice. If you know a private lawyer you may contact that person and ask them to attend. If you don’t know a lawyer, the police can try to contact a lawyer through Legal Aid NSW for you.
Some offences have a time limit for police to lay charges.
You should get legal advice if you are concerned about how long police have to charge you with a certain offence. It may depend on:
It is important to get legal advice before dealing with the police. What you say to the police may affect whether you are charged, and what you are charged with. A lawyer can help you to understand your rights. You should not agree to participate in an interview with police until you have spoken to a lawyer.
If the police want to interview you, you should get legal advice.
If you are under 18 you can contact the Youth Hotline. For more information, see Youth Hotline on the My problem is about section of our website.
If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.
It is important to get legal advice before dealing with the police. What you say to the police may affect whether you are charged, and what you are charged with. A lawyer can help you to understand your rights. You should not agree to participate in an interview with police until you have spoken to a lawyer.
If you are under 18, the police are required by law to make sure you get legal advice before an interview. You should be put through to the Legal Aid Youth Hotline, a free legal advice service for under 18's, to speak to a specialist Legal Aid children's solicitor. The Police should help you make this call.
If you are under 18, you have a right to a support person with you when you have been arrested and are in custody. A support person is a responsible adult who is independent of the case. This can be a lawyer or another adult. If you are 14 or older, you can choose who you want to call. If you are under 14, the police will ask your parents or guardian to attend, unless your parents agree that someone else can take the role. The police cannot conduct an interview without that support person being present.
If the police want to interview you and you are under 18, you should get legal advice.
If you are under 18 you can contact the Youth Hotline. For more information, see Youth Hotline on the Legal Aid NSW website.
It is important to get legal advice before dealing with the police. What you say to the police may affect whether you are charged, and what you are charged with. You shouldn't sign anything or agree to participate in an interview until you have spoken to a lawyer.
If you are in this situation, you should get urgent legal advice.
If you are under 18, you can contact the Youth Hotline. For more information see, Youth Hotline on the My problem is about section of our website.
If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.
No, but you are required in some circumstances to tell police if you have information that could help them investigate some serious offences.
If you are in this situation, it is best to get legal advice. If you witnessed or have knowledge of a serious criminal offence and you do not provide this information to police, you may be charged.
The police can also subpoena you as a witness in criminal proceedings if they believe you have information relevant to a case.
It is important to get legal advice before dealing with the police. What you say to the police may affect whether you are charged, and what you are charged with. You shouldn't sign anything or agree to participate in an interview until you have spoken to a lawyer.
If the police want you to sign a statement or participate in an interview, you should get urgent legal advice.
If you are Aboriginal or Torres Strait Islander, you can contact the Aboriginal Legal Service.
If you are under 18 you can contact the Youth Hotline. For more information see, Youth Hotline on the My problem is about section of our website.
If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.
If you make a statement to police about a crime, the police may want you go to court to be a witness. Whether you must go will depend on the circumstances. If the person pleads guilty, there will be no hearing and you may not need to go to court. If the person pleads not guilty, there will be a hearing and the police may want you to be a witness.
If you don't want to go to the hearing, you can tell the police that you don't want to be a witness. If they need your evidence, they may subpoena you to attend the hearing. A subpoena is an order from the Court that you must go to court to give evidence. If you do not go to court and do not have a reasonable excuse, the Court may issue a warrant for your arrest.
For more information, see the Subpoenas topic.
If you get a subpoena and you don't want to comply with it, you should get legal advice.
There are some grounds on which you can challenge a subpoena. If the information that is being subpoenaed relates to a sexual assault, you can get advice from the Sexual Assault Privilege Service at Legal Aid NSW.
For more information, see the Victims rights topic.
You need to be very careful if you want to change your statement. You may be charged with making a false statement if you:
It is a criminal offence to make a false statement or falsely accuse someone.
Before making any statements to police or giving any evidence in court that contradicts any original statement, you should get legal advice.
If you are a complainant or witness in a criminal investigation, police will usually ask you to provide a statement. If you want a copy of your statement, you can get this from the police.
If the police refuse, you can apply for your statement to be released to you. You can:
The legislation allows members of the public to access certain information and documents from different government departments, including the NSW Police.
Accessing your own information under the PPIP Act is free. Applications under the GIPA Act may have a fee.
For more information about making an application under the PPIP or GIPA Acts, see How to access NSW government information on the NSW Information and Privacy Commission website.
When exercising police powers, in most cases, the officer must as soon as reasonably practicable provide you with:
A police officer must provide you with these details before they give you a direction or request you to do something.
In some cases, the police don't need to tell you these things, for example when they are:
A police officer can record you with their body-worn video camera if they:
are recording a private conversation, in uniform and have provided evidence that they are a police officer.
When exercising police powers, in most cases, the officer must as soon as reasonably practicable provide you with:
If they don't, it doesn't automatically make a charge invalid or the police officer's actions unlawful.
If you think the police have acted outside their powers, you should get legal advice.
The NSW Police Force have a process that you can follow if someone claiming to be a police officer comes to your home and you are blind or sight impaired.
You can:
If you are stopped by police, they may ask for your name and address. In some situations, it may be an offence not to provide your details when you are requested.
You must answer when:
There are certain other situations when you must provide police with your name and address. If you are unsure, you should get legal advice.
Police may also ask you for your ID to confirm your details. It is an offence to provide a false name and address to the police.
Police can only search you if:
police have a Dedicated Encrypted Criminal Communication Device Prohibition Order in relation to you.
If police did not have a valid reason to search you, any evidence found may be excluded from being used in court.
You shouldn't answer any questions they ask, except for your name and address.
If you don't know whether police had a valid reason to search you, you should get legal advice.
The police can carry out a search if:
Usually, the police will video record a search being carried out.
When the police carry out the search, they may also ask you questions. You shouldn't answer any questions they ask, except for your name and address.
If you are in this situation, you should get urgent legal advice about your rights.
If you are Aboriginal or Torres Strait Islander, you can contact the Aboriginal Legal Service.
If you are under 18 you can contact the Youth Hotline. For more information see, Youth Hotline on the My problem is about section of our website.
If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.
From 16 May 2022, if a person has been convicted of some drug-related offences, police can apply to the court for a Drug Supply Prohibition Order (DSPO). This means that if police get this order, they can search you, your home and your vehicles.
Police will not need a warrant to search, only reasonable grounds to suspect there is evidence of a drug-related crime.
Drug related offences that will allow police to apply for a DSPO are drug supply or drug manufacture of an indictable quantity in the past 10 years.
This scheme will operate in the following areas:
A Dedicated Encrypted Criminal Communication Device (DECCD) is a mobile electronic device that is specifically designed to communicate between persons involved in serious criminal activity, and uses encryption software or hardware configured to avoid law enforcement detection. From 1 February 2023, possession of a DECCD is an offence.
Police can apply for DECCD access orders, directing a person to allow police to access a device for the purpose of determining if it is a DECCD. It is an offence not to comply with such a direction.
If Police reasonably believe an individual is likely to use the device to avoid law enforcement detection of criminal activity, the Police may apply to a magistrate for a DECCD Prohibition Order against the person for up to 2 years. Police do not need to notify you of this order.
Under this type of order, Police do not need a warrant to stop, detain and carry out a search of the individual, their vehicle or enter their premises to determine whether they are possession of such a device.
If you are not sure whether a DECCD Prohibition Order could be made against you, you should get legal advice.
Police can also apply for a digital evidence access order issued in relation to any search or crime scene warrants. Once the warrant is carried out an officer can issue directions requiring a person provide the officer with any information to open the device or computer for Police inspection, such as by providing passwords or other access codes. It is an offence not to comply with such a direction.
If police have taken your electronic device and you are not sure if they were allowed to, you should get legal advice.
Police are allowed to seize (take) your phone (or other property) if they have a warrant. In some cases, police can also seize your phone without a warrant. This includes if police suspect on reasonable grounds that the phone:
In some circumstances if you have been arrested by police, they can search you and can seize your phone.
Police may be able to take your phone in other situations too. The law for when police can take your phone is complex.
If police have taken your mobile phone and you are not sure if they were allowed to, you should get legal advice about your situation.
You don't have to unlock your phone or provide police with your PIN or password unless police have a warrant requiring you to provide them with this information.
If police take your phone, they should give you a property receipt. If they don't, ask police for written evidence that they have your phone.
Police can keep your phone (or any other evidence seized) for as long as necessary for their investigation.
Police can keep your phone until either:
In some cases, police will only need to keep the phone until evidence is downloaded off the phone, for example, call records, messages or photographs. After this is done and the police no longer require the phone, it should be returned to you.
Sometimes the information that police want to use cannot be downloaded off the phone, and they may keep the phone until the court case is finished (and any time to appeal has passed).
After the court case or when your phone is no longer needed by police, it should be returned to you.
The NSW Police Force have powers that enable them to seize property as part of their investigation into a crime. The police can keep your property to use as evidence in criminal proceedings until your case is finished. This includes hearings and appeals.
Once your case is finished, the police must return your property to you. They will tell you when your property is no longer needed as evidence and will give you 28 days to collect it. If you don't collect your property within 28 days, the police may be able to sell or dispose of it.
The police won't return anything to you that:
To find out how you can get your personal property back, you can speak to the officer-in-charge of the investigation. If you can’t speak to the officer-in-charge, you should speak to the supervising sergeant.
If the police won't return your property to you, you can:
Before applying to the Court, you should get legal advice.
If the property you want back is a confiscated knife, dangerous implement or an animal, different rules apply. You should get legal advice.
If the NSW Police have caused damage to your property you may be able to:
If your property has been damaged by the NSW Police, you should get legal advice about what option is best for you in the circumstances.
The police can ask you to remove your face covering so that they can see your face to identify you. They may do this in situations where you are asked to provide identification, such as being pulled over for a traffic offence and being asked to show your driver's licence.
A face covering is defined as a helmet, mask or item of clothing which prevents your face from being seen. You do not have to remove your face covering if you have special justification for not removing it, such as a genuine medical reason. Religious grounds are not a special justification for not removing your face covering.
If the police request you to remove your face covering, you can ask to do it in private. The police must try to give you privacy as much as this is reasonably practicable in the circumstances.
If you want to remove your face covering in front of a police officer of a particular gender, you can ask for this although there is no legal obligation for the police to provide it.
If you fail to remove your face covering after being asked by the police and you don't have special justification, you may be fined or charged with an offence.
If you are asked to remove your face covering and you believe that the police were not acting fairly, you should get legal advice.
Other than receiving a penalty from the Court, being found guilty could have other impacts, including:
It can be difficult to identify all the ways that being found guilty of an offence could have an impact on your life. If you have questions about how your criminal charge could impact you, you should get legal advice.
Being found guilty of certain offences will disqualify you from being a taxi or hire care driver. This includes assault charges, drink and drug driving charges and even some speeding offences.
If you have been found guilty of a disqualifying offence, you must not drive a taxi or hire vehicle. You can’t appeal against this disqualification to the Commissioner or to the NSW Civil and Administrative Tribunal.
For more information about disqualifying offences, see Disqualifying Offences for Drivers of Taxis or Hire Vehicles on the Point to Point Transport Commissioner website.
It is against the law to share an intimate, nude or sexual image of someone against their wishes. It is also a crime to threaten to share intimate images of someone. Even if someone agrees to have an intimate image taken, it is still a crime to share the image against their wishes.
An intimate image includes images which have been altered, for example using photoshop, drawn or videos.
As well as being charged with a crime, someone could be sued for money for sharing/threatening to share an intimate image of someone.
If you have been charged or you are being sued for sharing an intimate image of someone, you should get legal advice about your situation.
It is a crime to record someone in a private act against their wishes. This includes someone:
If you have been charged with an offence, you should get legal advice.
If you believe that someone is using your personal details without your permission, it may be a criminal offence that you can report to the police. It may be helpful to give the police any documentation that supports why you think your identity is being used. For example, if you get a letter from a bank and someone has used your details to take out a loan, you should show this to the police.
If you are concerned about your personal details being used without your permission, you can:
There may be other steps you can take, so you should get legal advice about your circumstances.
If someone has stolen your identity and this has caused problems with your personal or business affairs you may be able to apply for a certificate from the Local Court. This certificate can help you to show other agencies that an identity offence has been committed against you.
If you apply for certificate you will need to show the Court that:
You can make this type of application regardless of whether the offender has been caught.
There are also individual support services for victims of identity theft. For more information, see the IDCare website.
If you want to apply for a certificate, you should get legal advice.
If your licence card has been stolen, you can apply for a replacement card online or in person at a registry or service centre.
You can only order one replacement licence online in a 12-month period. You do not get a new licence number when you get a new licence.
For more information, see Replace a NSW driver licence online on the Service NSW website.
If you believe that somebody may have stolen your identity, you should call Transport for NSW (formerly known as Roads and Maritime Services or RMS) on 13 22 13 so they can place a restriction on your records, so that full proof of identity is required by anyone attempting to do business in your name.
If your driver's licence has been stolen, you can contact IDcare for support.
There is no law that a bicycle rider must carry ID.
All bicycle riders are encouraged to carry some form of identification to improve the efficiency of emergency response if they are injured in a crash.
If you are stopped by police because they believe you may have committed an offence, they may ask for your name and address. In this situation, it may be an offence to not provide your details when you are requested. Police may ask you for your ID to confirm your details. It is an offence to a provide false name and address to the police.
For more information about the obligations of bike riders, see:
Under the Education Act 1990 (NSW), the police can fine or charge a parent if:
The compulsory school age for a child is 6-17 years old, unless the child has completed year 10.
If you have been charged with an offence, you should get legal advice about your situation.
It is a federal criminal offence to open, interfere, tamper or alter any mail that does not belong to you, including:
If you have been charged with an offence or believe someone has tampered with your mail, you should get legal advice.
It is not an offence to open someone else's mail by mistake. However, it may be an offence if you opened it dishonestly or intentionally knowing that you are not allowed to.
If you open mail by mistake and hold on to it, you can be charged with concealment. You may also be charged if you damage or destroy the mail intentionally or recklessly.
If you have someone else's mail or have opened it and are unsure of what to do, you should get legal advice.
The prosecution will need to prove that:
The law says you know a person didn’t consent if:
The law in this area is complex. If you have been charged with sexual assault, you should get legal advice.
Consent is when a person freely and voluntarily agrees to a sexual activity. It can be communicated using words or actions. A person can withdraw their consent to a sexual activity at any time. If a person does not say or do anything to resist, this is not enough to show there was consent.
The law says a person doesn’t consent to sex in some circumstances. This includes if that person:
Coercive control is an ongoing and repeated pattern of behaviour used to control or dominate another person. It can be behaviour that:
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.
For more information, see Coercive control on the My Problem is About section of our website and Coercive control on the NSW Government website.
If you are experiencing coercive control or want to support someone experiencing coercive control, you can contact 1800RESPECT. For more information, see Contacting 1800RESPECT – What to expect on the 1800RESPECT website.
From July 2024, coercive control will become a criminal offence in NSW when a person uses abusive behaviours towards a current or former intimate partner with the intention to coerce or control them. The law will only apply to abusive behaviour that happens after the law commences.
For more information, see Coercive control and the law on the NSW Government website and Coercive control on the My Problem is About section of our website.
It is an offence to:
Law enforcement authorities can issue directions to individuals to remove these symbols from public display.
It is not an offence to display these symbols for:
Engaging in hate speech and sending violent extremist material that depicts or encourages serious violence via a mobile service, or via the internet, is also considered an offence under the law.
It is an offence to:
This is called a performance crime offence and was introduced by the NSW Government in April 2024.
The penalty for performance crime offences is the maximum penalty for the initial offence of motor vehicle theft or break and enter, and an additional two years’ imprisonment.
If you have a Court Attendance Notice and it has incorrect details, it does not mean it is automatically invalid.
At times, mistakes may be made on the notice, for example, an incorrect address listed, an incorrect date of birth, or misspelling of a surname. These errors do not automatically make the Court Attendance Notice invalid.
You should read the notice carefully to check the offence details, as this is what you are charged with and what will be dealt with at court. If you think the offence details are incorrect, for example, the offence is different to what you were told by a police officer, get legal advice about your options.
In some cases, if you raise incorrect details on your notice as an issue at court, the charges may be amended, or a new notice issued.
A plea is when you formally tell the Court whether you are guilty or not guilty of the offence you have been charged with.
You should get legal advice about your plea before going to court.
You should always get legal advice before deciding whether to plead guilty or not guilty. A lawyer can advise you:
You should get legal advice about your plea before you go to court.
You can plead guilty if you agree you committed the offence and have no defence.
You should carefully read the offence details, and any factsheet, to ensure you agree with it before entering a plea of guilty.
If you are not sure whether to plead guilty, get legal advice about your case.
If you enter a guilty plea, the Magistrate will give you the opportunity to make submissions and hand up character references. The Magistrate will take all of this information into account before deciding what sentence (penalty) to give you.
For more information about pleading guilty to driving offences or minor criminal offences, see Pleading guilty on the My problem is about section of our website.
Usually, a plea of not guilty is used when you:
You should get legal advice about your plea before going to court.
If you attend court and plead not guilty to the offence, the Court will:
You will not get a brief of evidence if you are pleading not guilty to offences such as a drink driving offence, or offensive conduct, or for an offence that you applied to take to court, for example, a fine.
At the hearing, you and the Prosecutor will get an opportunity to present your evidence to the Court. The Prosecutor will go first and may have witnesses giving evidence about the case. You will get an opportunity to ask the Prosecutor's witnesses questions. You will also be able to have your own witnesses attend court to give evidence to support your case and the Prosecutor can ask them questions too. Each witness must wait outside the courtroom until it is his or her turn to give evidence.
After all the witnesses have given evidence, the Prosecutor will summarise their case for the Magistrate. You will then be asked to summarise your arguments as to why you are not guilty of the offence.
At the end of the hearing, the Magistrate will decide whether you are guilty or not guilty of the offence. If you are found guilty the Magistrate will give you the opportunity to make submissions about your circumstances and hand up character references before sentencing you.
If you are found not guilty of the charge(s), the matter will be dismissed.
If you have a lawyer represent you and you successfully defend the matter, you may be able to claim costs at court. It is very difficult to claim costs in a criminal matter against police as you will usually have to show that the investigation was started or continued inappropriately or there are exceptional circumstances.
In some circumstances you may be able to apply to the Department of Communities and Justice for compensation if you have been found not guilty. For more information, see Application for costs in criminal cases on the Communities and Justice website.
If you lose, you may have to pay the costs of the Prosecutor. It is very unusual for police to seek costs if you lose but other prosecutors such as Transport for NSW (TfNSW) may seek costs. There is no set amount of costs you may have to pay. The Court will make an order depending on what is reasonable in the circumstances.
For more information about pleading not guilty to driving offences or minor criminal offences, see Pleading not guilty on the My problem is about section of our website.
If you have entered a not guilty plea but want to change your plea to guilty, you should get legal advice.
An adjournment is when your case is postponed to another date. Whether you can get an adjournment may depend on:
It is up to the Magistrate as to whether they grant you an adjournment or not.
Usually, you will have more chance of a Magistrate granting an adjournment if it is your first court date and you haven't been able to arrange legal advice or representation.
In all other situations, it is best to get legal advice about asking the Court for more time.
You can ask the Magistrate verbally for an adjournment when your case is called. Be sure to explain the reasons why you need the adjournment, and to have an idea of how much extra time you need. The Magistrate may ask you questions about why you need the adjournment, for example, what legal assistance you have tried to arrange so far, or how much more time you might need to arrange your references.
Before you decide to ask for an adjournment, you should consider whether it is the best thing to do in the circumstances. If you aren't sure, get legal advice about your situation.
If you have received a Court Attendance Notice and you can't go to court on the date required, you could:
If you (or your lawyer) don't go to court on the date required, or you don't submit a written notice of pleading on time, the Court may decide the matter without you or issue a warrant for your arrest.
For more information on using a written notice of pleading, see What if you can't make it to court? in Going to court on the My problem is about section of our website.
If you believe you may not receive your Court Attendance Notice because you are travelling interstate or overseas, you should get legal advice about your situation.
Whether you can get your case transferred to another court will depend on:
Usually, if you are pleading guilty to the offence, you can contact the Court you are required to attend to ask them to transfer the matter to a court closer to where you live. The staff at the court registry may ask you to put your request in writing. If you intend on pleading not guilty to the offence, the Court generally won't transfer your case to another court.
If you want the case transferred mainly because it is too far for you to get to, you should consider whether you are able to use a written notice of pleading instead of attending in person. You just need to ensure you submit the form at least seven days before your court date. You should get legal advice before using a written notice of pleading.
If you don't attend court there may be serious consequences, for example, a warrant could be issued for your arrest, or the Court may convict you and impose a penalty without you being there.
A written notice of pleading is a form that lets you say whether you are pleading guilty or not guilty in writing rather than going to court in person. You may receive a written notice of pleading form with your Court Attendance Notice. You do not have to fill this out if you decide to attend court in person.
You can't use a written notice of pleading if you are on bail for the offence.
In some cases, a Magistrate may decide that you still need to go to court in person even after you have submitted a written notice of pleading, but this usually happens with more serious criminal charges.
If you use a written notice of pleading, you must say on the form whether you are pleading guilty or not guilty. You should get legal advice about this if you are unsure. If you:
You need to submit a written notice of pleading at least seven days before your court date.
If the Court accepts your written notice of pleading and you are convicted of the offence, you may have to pay court costs and a victims support levy, as well as any fine imposed as a penalty.
For more information on using a written notice of pleading, see What if you can't make it to court? in Going to court on the My problem is about section of our website.
You need to submit a written notice of pleading at least seven days before your court date. If you want to submit it later than this you should contact the relevant court and/or get legal advice about whether you should use a written notice of pleading for your matter.
If you plead not guilty in a written notice of pleading, the Court will set a hearing date. You will be required to attend the hearing in person to present your case.
You can't present your case in writing, or by telephone.
If you don't appear in person at the hearing, the Court may convict you of the charge(s).
If you plead not guilty to an offence the Prosecutor must serve you with a brief of evidence, except where:
A brief of evidence will include any written statements or documents that the prosecution intends to use as evidence against you. A brief of evidence must be served upon you at least 14 days before the hearing (unless another timeframe is ordered by a Magistrate).
If you are charged with a domestic violence offence, the prosecution is required to serve on you or your lawyer a ‘mini-brief’ by the first court date. The mini-brief should include:
If you are not sure if you should get a brief of evidence, you should get legal advice.
You should get legal advice if you:
Whether you arrange legal representation is up to you, however, you should consider it if you are facing serious criminal charges.
You should also consider whether you are eligible for a grant of legal aid.
This depends on what you are going to court for, and whether you are eligible for legal aid according to their policies.
For more information, see Help at court on the Ways to get help section of our website.
You will need to speak to your lawyer about whether you have to go to court. It may depend on your charge(s), whether you are on bail, what stage of proceedings you are involved in and whether it is in your interest to attend.
In some cases, even if you have a lawyer representing you, your lawyer may think it is best for you to also attend court in person.
Only a lawyer can speak on your behalf.
If you want someone else to speak on your behalf, you can ask the Magistrate for permission, but it is very rare that they will allow it.
If you need an interpreter on your court date, you can contact the relevant Local Court to request that an interpreter be arranged. You should do this as soon as possible before your court date.
In most cases, the Court will pay the cost of the interpreter for you.
If you have a mental illness or disability, you should speak to a lawyer about your case before you go to court. In some cases, you might be able to make an application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020. This means that you or your lawyer can ask the Magistrate to consider making an order based on your mental illness or disability, including adjourning the matter (coming back on another date), dismissing the matter with or without conditions, or an order for treatment.
If you don't have a lawyer representing you, you should consider applying for Legal Aid. In some cases, you may also be able to speak to the Legal Aid Duty Solicitor at court, but you should try to arrange legal advice before your court date.
The law changed in relation to mental health applications on 27 March 2021. If your case started before this date, the Mental Health (Forensic Provisions) Act 1990 will apply to your case instead.
Depending on your circumstances, you may be able to ask the Court to make a:
In deciding whether to make one or both orders, the Court will consider whether:
The Court also must consider the principle of open justice, the idea that criminal proceedings are open and public.
If you want a suppression order or non-publication order, you should ask the Court to make this order during the course of the proceedings. It may be possible to apply for a suppression order or non-publication order after the proceedings have concluded but you should get legal advice.
If you want a suppression order or non-publication order and you are the defendant in a case, or the victim or a witness, you should get legal advice.
In most situations, criminal proceedings are open to members of the public and the media. This means that the media can publish information about court proceedings.
In some cases, the public and media may be excluded from court proceedings. This is known as a closed court. There are only limited circumstances when court will be closed, for example:
If the court is closed, or if a suppression order or non-publication order has been made by the Court, the media may not publish information about the court proceedings.
You will only be able to give evidence as a witness in criminal proceedings if you have been asked to attend court as a witness or if you have been subpoenaed as a witness.
If you have witnessed or have knowledge of a criminal offence, you should get legal advice about providing a statement or giving evidence.
This depends on what the Court decided to do with your case in your absence.
If there is a warrant for your arrest, you should get urgent legal advice.
If you were convicted and given a penalty by the Local Court and you are not happy with the outcome, you may be able to apply for an annulment. You can do this if you did not attend court because you were sick or had another reasonable excuse.
For more information, see If you miss court in After court on the My problem is about section of our website.
If you were convicted and sentenced, and you don't have grounds for an annulment, you may be able to appeal if you are unhappy with the outcome. Before you appeal, you should get legal advice.
For more information, see Appeals on the My problem is about section of our website.
If the Court adjourned your case to another date, you should get legal advice before your next court date.
The sentence (penalty) you get when you are convicted of an offence will depend on:
When determining the sentence, the Magistrate will give you an opportunity to make submissions and hand up any documents that you would like the court to consider.
In some cases, they may also order a Sentencing Assessment Report (SAR).
The Magistrate will use all of this information to decide on the appropriate sentence to give you.
If you want advice about what the likely sentence is in your case, you should speak to a lawyer.
Submissions are things you can ask the Court to be taken into account when you are sentenced. You can provide submissions to the Court in a letter or verbally. If you have a lawyer representing you, they usually will provide verbal submissions on your behalf.
Your submissions can cover:
When you make submissions to the Court, you can also hand up supporting documentation, for example, payslips, a letter from your employer, an apology letter or character references.
For more information about preparing submissions when you are pleading guilty, see Your submissions in Preparing for court if you are pleading guilty on the My problem is about section of our website.
If you are unsure what to include in your submissions, you should get legal advice.
A Sentencing Assessment Report (SAR) is a report requested by the Court and made by a Community Corrections officer to assist the Court to decide on the appropriate sentencing (penalty) options for you.
A SAR can be a general assessment report, which will assess your suitability for various orders or conditions. A SAR can also assess your suitability for a specific purpose such as community service or home detention.
If the Court has ordered a SAR in your case, you will have to make contact with Community Corrections and they will arrange a time to speak with you to conduct your assessment for their report.
It is a good idea to hand up character references to show the Court that you are a person of good character.
They should be addressed to 'The Presiding Magistrate' and the person writing the character reference should refer to your offence.
For further information about how to prepare character references, see Character references on the My problem is about section of our website.
Writing an apology letter to the Court is usually a good idea if you are pleading guilty.
An apology letter can show the Court that you are sorry for the offence or offences and take responsibility for them. You can also include any steps you will take to change your behaviour.
For more information, see Apology letters on the My problem is about section of the website.
Full time imprisonment is the most serious punishment and should only be given as an option of last resort.
If you have pleaded guilty or you are found guilty of an offence, some of the factors the Magistrate will look at when sentencing you are:
Even if someone is convicted of the same offence as you, they may receive a different penalty.
If you have been charged with a serious criminal offence, you should get legal advice.
On 24 September 2018, major sentencing reforms commenced in New South Wales.
Even if you were sentenced before this date, some types of sentences were automatically converted (changed into) a new type of sentence. This included section 9 bonds which were automatically converted to a Community Corrections Order (CCO).
For more information, see The decision on the My problem is about section of our website.
Intensive Correction Orders (ICOs) are an alternative to a sentence of full time imprisonment.
For one offence, you can be sentenced for a maximum of two years on an ICO. If you are being sentenced for more than one offence, the maximum amount of time you can be on an ICO is three years in total.
If you do not understand the conditions of your ICO, you should get legal advice.
These are the conditions which must be on every Intensive Correction Order (ICO):
The Court must include at least one additional condition on your ICO, unless there are exceptional circumstances.
The Court may also include a list of other conditions. These are called 'further conditions'.
For more information, see The decision on the My problem is about section of our website.
If you do not understand the conditions of your ICO, you should get legal advice.
If you breach your Intensive Correction Order (ICO), a Community Corrections Officer may:
If the ICO is revoked, the State Parole Authority may issue a warrant committing you to a correctional centre to serve the remainder of you sentence by way of full-time imprisonment.
If you have breached your ICO, you should get legal advice.
A Conditional Release Order is a type of sentence which can be imposed by a Magistrate. It means:
While you are on a Conditional Release Order (CRO) you must follow conditions. The two standard conditions which are on every CRO are:
The Magistrate also has the power to include additional orders that you must also follow for some or the entire duration of the CRO.
If you do not understand the conditions of your CRO, you should get legal advice.
If you breach your Conditional Release Order (CRO), a Community Corrections Officer may file a written breach report. The Court will then review the breach report and decide whether to take any action.
The Court can order you to attend court regarding the breach of your CRO. The Court then has the power to:
If you breached the CRO by committing a new offence, you will also be sentenced for the additional offence.
The Court can issue a warrant to arrest you if you fail to turn up to court in relation to a breach of a CRO.
If you have breached your CRO, you should get legal advice.
A Community Correction Order (CCO) is a type of sentence which can be imposed by a Magistrate. If a Magistrate gives you a CCO this means:
Every Community Correction Order (CCO) has the following conditions:
The Magistrate has the power to include additional conditions that you must also follow.
If you do not understand your sentence or the conditions you must follow, you should get legal advice.
If you breach your Community Correction Order (CCO), a Community Corrections Officer may file a written breach report. The Court will then review the breach report and decide whether to take any action.
The Court can order you to attend court regarding the breach of the CCO. The Court then has the power to:
If you breach the CCO by committing a new offence, you will be sentenced in relation to the additional offence.
The Court can issue a warrant to arrest you if you fail to turn up to court in relation to a breach of a CCO.
If you have breached your CCO, you should get legal advice.
A section 10 is a special penalty that can be given in some cases where the Court chooses not to record a conviction against you. The Court will consider a number of factors before deciding whether a section 10 is appropriate for you, including:
There are different types of section 10s, including:
If you have a section 10 and are not sure what it means, you should get legal advice.
If the Court gives you a section 10:
The Court can also give you a s10A. This is a conviction with no other penalty.
A section 10 is rarely used for serious offences, including serious traffic offences, such as mid or high range prescribed concentration of alcohol.
You cannot get more than one section 10 for major traffic offences within a five year period, including:
To find out whether you are eligible or likely to get a section 10, you should get legal advice.
It is up to the Magistrate to decide whether to give you a section 10. In some circumstances, you may be able to politely ask the Magistrate to consider it as an option in your case, but you should speak to a lawyer about how best to do this.
If you decide to ask the Magistrate to consider a section 10, you should do this when you are making submissions about your penalty after you have pleaded guilty or have been found guilty of the offence.
Before 24 September 2018, you could be sentenced to a section 10 bond. This was often referred to as a good behaviour bond because a condition of the bond was that you had to be of good behaviour.
There is little difference between a section 10 bond and a Conditional Release Order (CRO) apart from the change in name.
If you were given a section 10 bond before 24 September 2018, this will now be referred to as a CRO. You must continue to follow the conditions of that bond.
If you are on a section 10 bond and you are convicted of another offence, the Court can re-consider the penalty for the old offence. This means they can re-open your previous matter to decide on a new penalty.
If you have committed another offence while you were on a section 10 bond, you should get legal advice.
One penalty unit is $110.00 for offences under NSW law. One penalty unit is $313.00 for offences under Commonwealth law (as at July 2024). The maximum fine that the Local Court may impose is 50 penalty units.
If you can't afford to pay your fine in full by the due date, you can:
If you don't pay your fine, it will be referred to Revenue NSW.
If you still can't afford to pay your fine after it has been transferred to Revenue NSW, you can:
For more information, see Paying a court fine and Pay your fine in the My problem is about section of our website.
Paying in part payments is an arrangement where you can pay your fine in smaller payments, whenever you choose, up until the due date of your court fine.
You must pay a minimum of $40 per fortnight.
You don't need to apply to do this. You just need to ensure that the full amount of the fine is paid by the due date on your fine reminder notice. If it isn't paid in full, Revenue NSW will serve you with an overdue fine notice and add a fee to your fine.
You can apply for time to pay if you want to pay off your fine in instalments or over a longer period of time. If you want a time to pay arrangement, you need to apply to the Local Court before your fine is sent to Revenue NSW.
You need to fill out an Application for Time to Pay a Court Imposed Fine. This is usually attached to the fine sent to you.
You can get a copy from:
You do not need to pay a fee.
If your time to pay application is approved, you will need to ensure you make the payments as agreed.
For more information, see Pay your court fine on the My problem is about section of our website.
You can use Centrepay to pay your court fines if you are on most Centrelink benefits, except for the family tax benefit. Setting up a Centrepay arrangement means that instalments are taken directly from your Centrelink benefit to pay your fine.
To apply, you need to complete a 'Payment Plan Application of Court Fines for Customers in Receipt of a Government Payment' form and submit the form to Revenue NSW.
For more information and to get a blank copy of the form, see Payment options for fees and fines on the NSW Local Court website.
If your application is approved, Revenue NSW will write to you. The deductions from your Centrelink payment will continue until your fine is paid off.
If you don't pay your court fine and you don't arrange for an extension or to pay by instalments, your fine will be referred to Revenue NSW. Revenue NSW will send you an overdue fine notice and add a fee to your fine.
If you still don't pay, Revenue NSW will take action against you to try and enforce the fine, including:
For more information, about consequences of an overdue fine see Recovery action in What if I do nothing? on the My problem is about section of our website.
If you paid for a private lawyer to represent you in a criminal matter, you should speak to your lawyer about claiming reimbursement from the Prosecutor for your legal costs if you are found not guilty of the offence. In some circumstances you can apply to the court for payment of your legal costs, but there is a specific procedure you must follow to do this.
Just because you are found not guilty, this does not mean you are automatically entitled to get your legal costs reimbursed.
It is difficult to claim costs in a criminal matter against police because you will have to show that the investigation was started or continued inappropriately or there are exceptional circumstances.
In some circumstances you may be able to apply to the Department of Communities and Justice for compensation if you have been found not guilty.
For more information, see Application for costs in criminal cases on the Department of Communities and Justice website.
You should discuss this procedure with your lawyer.
You will have to pay mandatory court costs unless you:
If you pleaded guilty or were found guilty of an offence, you may have to pay a Victims Support Levy. The Victims Support Levy goes into a government fund which is used to pay financial assistance and support to victims of crime. The levy is separate from other amounts you might have to pay, including a fine, court costs and legal costs.
A Victims Support Levy can't be imposed if:
The levy is applied in many different types of matters, except for:
The Victims Support Levy is different to a restitution order.
The Victims Support Levy changes every year, usually in July.
You must pay the levy for each offence you are convicted of.
To check the current amount, see Paying fines and judgment amounts on the Local Court website.
The Victims Support Levy is a set amount that must be paid when you are convicted of a certain offence.
If you are under 18, the Court can exempt you from paying the levy when you are convicted.
In all other cases, there are no grounds to get the levy waived or reduced.
A Criminal Compensation Order is an order of the Court directing a defendant, who has been found guilty of an offence, to pay compensation to their victim if they have suffered an injury or loss, or destruction or damage of property as a direct result of the offence.
The Police can seek this order on behalf of the victim of the crime. The Court will usually decide whether to make the order at the same time that you are sentenced.
If a Criminal Compensation Order is made, the Magistrate will make this order in Court. You will also be sent a notice which tells you the amount you have to pay. You will have to pay the amount to the Court within 28 days.
You can make this payment at the same time and in the same way that you pay any fine, court costs and levies. Once you pay the court, the court sends the money to the victim.
If you don't pay the compensation the victim may take steps to recover the money from you. Extra costs for enforcing the order may be added.
If you disagree with the order, you have 28 days to appeal the decision to the District Court.
Before you appeal the decision, you should get legal advice.
If you don't appeal the decision or pay the compensation within 28 days, the victim may take steps to recover the money from you.
For more information, see Paying costs on the My problem is about section of our website.
You have 28 days to appeal your conviction or sentence or both, or three months with permission from the Court.
For more information, see Appeals on the My problem is about section of our website.
If you missed court and are unhappy with the outcome, you may be able to apply for an annulment within two years of the date of the conviction or sentence.
For more information, see If you miss court in After court on the My problem is about section of our website.
Before filing an appeal or annulment, you should get legal advice.
If you don’t get bail from police or the Court, you must stay in prison until your court case is finished. If you are found guilty or plead guilty, the Court can take into account the time you have already spent in prison. This could mean:
A warrant is a written authority for the arrest of a person. It can be issued for:
If you believe there is a warrant for your arrest, you should get urgent legal advice.
If you are Aboriginal or Torres Strait Islander, you can contact the Aboriginal Legal Service.
If you are under 18, you can contact the Youth Hotline.
If you have a cognitive impairment you can contact the Intellectual Disability Rights Service (IDRS). For more information, see the IDRS website.
Warrants for arrest expire between 5 and 50 years after they are issued. The time it takes for a warrant to expire depends on how serious the offence is and whether you are a child or an adult.
A warrant issued for your arrest because you did not turn up to court will expire after 30 years.
If a warrant expires, the Court can issue a new warrant.
A search warrant is an order made by a Court that allows police to enter and search your property. The warrant must state:
A covert search warrant means that police can execute it without you knowing.
If the search warrant is in relation to an investigation of an allegation of abuse, neglect or exploitation of an adult with a disability or an older adult, a medical practitioner, registered nurse and speech pathologist can accompany an authorised officer when executing a search warrant.
If you are unsure whether the warrant is valid or the search was not lawful, you should get legal advice.
Police can apply for a digital evidence access order in relation to a computer or any electronic device for storing information, such as a phone, that may be found, or has been found, in the execution of a search or a crime scene warrant.
If the police have a digital evidence access order, they can direct you to:
You are entitled to see the order, unless there is a covert search warrant.
If you refuse to comply with the direction or give police false or misleading information, without a reasonable excuse, you could be charged with committing an offence which carries up to 5 years gaol.
A Firearms Prohibition Order (FPO) stops you from:
This means you can’t:
If an FPO is made against you, any firearms license or permit that you have will be automatically revoked and you must immediately surrender your license and firearms to police.
It is an offence to supply a firearm to a person if a FPO is made against them.
Breaching an FPO is a serious criminal offence. If you are served with an FPO, you should get legal advice.
The NSW Police Commissioner can make an order against you if, in the opinion of the Commissioner, you are not fit, in the public interest, to have possession of a firearm.
The order starts when a police officer personally serves you with a copy of the order. The order continues indefinitely (forever) unless the Commissioner revokes (cancels) the order.
If you don’t agree with the Firearms Prohibition Order (FPO), you can apply for internal review through NSW Police. Generally, the request must be made within 28 days of being notified of the order.
If you are out of time to challenge an FPO, you can apply to the Commissioner to revoke (cancel) the FPO.
For more information on internal review, see Right of Review - Firearms on the NSW Police website.
If you are not happy with the outcome of the internal review, you can apply to the NSW Civil and Administrative Tribunal (NCAT). If you are disqualified for another reason from getting a permit or licence, you may not be able to apply for a review.
In most cases, you need to lodge your application to NCAT within 28 days from when you are notified of the internal review decision.
You should get legal advice before applying for internal review or to NCAT.
If you are out of time to challenge an FPO, you can apply to the Commissioner to revoke (cancel) the FPO.
For more information on applying to NCAT, see Firearm licences on the NCAT website.
If you are subject to a Firearms Prohibition Order (FPO), police can:
Police can do this as reasonably required, to determine whether you have breached the FPO by possessing or obtaining a firearm, firearm part or ammunition. Police don’t need a warrant to detain or search you for this purpose.
A Mandatory Testing Order is an order requiring you to provide a blood sample if your bodily fluid (blood, faeces, saliva, semen) has come into contact with health and emergency services or law enforcement workers.
If an order is made, you must provide a blood sample which will be tested for certain blood-borne diseases.
The order can only be made if:
Before applying, the worker must speak with a doctor as soon as possible (within 24 hours or no later than 72 hours) after the contact.
The worker must apply for a Mandatory Testing Order within five days of the incident.
People can apply for an order if they work for:
The NSW Ombudsman is currently monitoring the operation and administration of the Mandatory Disease Testing Act scheme. If you have concerns about how a government agency carried out the Mandatory Testing Order and want to provide feedback, you can make a submission. For more information see the FAQ, Can I provide feedback about how an agency has carried out a Mandatory Testing Order?
Mandatory Testing Orders can be made by:
Yes, you can be reimbursed for any costs associated with following the order, including reasonable travel costs and expenses.
The funding provider of the worker making the application is responsible for paying these costs.
Senior officers can make an order if:
Senior officers must ask you to agree voluntarily before making the order and they must give you a chance to have a say about the application.
When deciding whether or not to make the order, the senior officer must consider:
The Local Court can make an order if you are over 18 and have a mental health condition or cognitive impairment that significantly affects your ability to consent.
The Children’s Court can make an order if you are between the ages of 14 and 18.
When deciding whether or not to make an order, the Court must consider:
This is different to a Mandatory Testing Order and it is voluntary. You don’t have to agree to provide a blood sample.
You should tell the senior officer if you are under 18 or have a mental health condition or cognitive impairment that affects your ability to consent to providing blood.
You also have a chance to provide a submission to the senior officer before they decide to make the order.
It is an offence to provide false or misleading information to a senior officer.
If you have been contacted and asked to provide a blood sample, you should get legal advice.
If you receive a Mandatory Testing Order, you must provide a blood sample within two days. The order will tell you where you need to go to provide the sample.
Your blood may be tested for one or more of the following:
The results will be provided to your doctor and the workers doctor. If you don’t choose a doctor to receive your results, they will be sent to the Chief Health Officer of the NSW Ministry of Health.
It is a criminal offence if you don’t follow the order. If you are served with a Mandatory Testing Order, you should get legal advice.
Yes, you can apply in writing for a review of the senior officers decision to the Chief Health Officer within one business day of when you were notified of the order.
Your application should include:
You should send your application to NSWH-MDT@health.nsw.gov.au.
The Chief Health Officer should decide your review within three days of receiving it.
Even if you ask for a review against the Mandatory Testing Order you must still follow the order and provide a blood sample. The test results won't be released until the review has been decided.
You can't appeal against the decision of the Chief Health Officer.
If you want to appeal against a Mandatory Testing Order, you should get legal advice.
The NSW Ombudsman is currently monitoring the operation and administration of the Mandatory Disease Testing Act scheme. If you have concerns about how a government agency carried out the Mandatory Testing Order and want to provide feedback, you can make a submission. For more information see the FAQ, Can I provide feedback about how an agency has carried out a Mandatory Testing Order?
No, you can't appeal against a Mandatory Testing Order made by a court.
No, your test results, as well as any information you provide to a senior officer can’t be used against you in court, except for proceedings against you for:
The NSW Ombudsman is currently reviewing and monitoring the operation and administration of the Mandatory Disease Testing Act (MDT Act). This includes overseeing how agencies and persons are carrying out the Mandatory Disease Testing Order scheme and if they are fulfilling their responsibilities under the law.
The NSW Ombudsman are required to prepare a report on their monitoring efforts, as soon as practicable, within 12 months of the Act’s commencement. The NSW Ombudsman is seeking submissions from individuals who were ordered to be tested, as well as workers, to gather feedback on their experiences, to include in their report. This report will be presented in Parliament.
All submissions will be treated as confidential. The NSW Ombudsman will not disclose any personal or health information in their report. You can provide information anonymously if you prefer.
If you were subject to a Mandatory Testing Order and wish to give feedback, submissions can be made online using the Mandatory Disease Testing submission form. You can also contact them over the phone or send a written submission by email or post it.
For more information, see Invitation for public submissions on the Mandatory Disease Testing Act 2021 on the NSW Ombudsman website.
In addition to overseeing the MDT Act, the NSW Ombudsman also handles complaints about most NSW government agencies, local councils and community service providers. If you have any concerns about a Mandatory Testing Order, or complaint about an agency’s administration of Mandatory Testing Orders you should get legal advice.
The Suspect Target Management Plan (STMP) is a NSW Police policy to try and prevent crime by monitoring people that police believe are likely to commit further offences. If police place a person on the plan, police can:
The Suspect Target Management Plan (STMP) has already ended for young people (under 18 years old) and will end by December 2023 for adults.
The STMP has received heavy criticism for being potentially unlawful, discriminatory, highly intrusive, unjust and oppressive.
NSW Police have stated that a replacement program is being developed.
If you feel that the police are harassing you, you should get legal advice about the situation. A lawyer will help you to understand your rights when dealing with the police.
If you want to make a complaint against the police, see the FAQ below 'How do I make a complaint against the police?'.
If you want to make a complaint against the police, you can:
For more information, see How to lodge a complaint on the NSW Police Force website.
For complaints of serious misconduct or serious maladministration or a review of a complaint investigated by the police, see Making a complaint on the LECC website.
The Law Enforcement Conduct Commission (LECC) generally deals with complaints about serious misconduct or serious maladministration by the police. However, if you have complained to the police and are not satisfied with their investigation, the LECC may review those complaints.
If the LECC reviews the complaint investigation report by the police and is not satisfied, they may:
For more information about what the LECC does, see Making a complaint on the LECC website.
Last updated: June 2024