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Summary Offences (NSW)
Summary Offences (NSW)
Summary offences are minor offences that are heard in the Local Court. The maximum penalty that can be imposed for any single summary offence is imprisonment for two years, though many summary offences carry a penalty of a fine only.  Summary offences include offences contained in the Summary Offences Act, such as offensive conduct and…
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Indictable Offences (NSW)
Indictable Offences (NSW)
Indictable offences are serious offences that carry significant penalties and are heard in the Supreme Court or the District Court.  Offences that are not indictable offences are known as summary offences and are dealt with in the Magistrates Court. Indictable offences in New South Wales are governed by the Crimes Act 1900. The procedures for…
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Drink Driving Penalties (NSW)
Drink Driving Penalties (NSW)
The penalties for drink driving offences in New South Wales changed in May 2019. The processes for dealing with a person caught drink driving have also changed. A person who is caught drink driving can now have their license suspended immediately. This is the case even for a low range offence where the driver is…
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Is Making Threats An Offence? (NSW)
Is Making Threats An Offence? (NSW)
In New South Wales, unlike some other states and territories, there is no specific offence of making a threat to kill. However, New South Wales legislation does contain some specific offences relating to threats made in particular ways, such as in a document or via a carriage service. It also contains provisions relating to making…
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Police Misconduct (NSW)
Police Misconduct (NSW)
The New South Wales police force is governed by the Police Powers and Responsibilities Act 2002. That act sets out what the police may lawfully do in the course of their duties and what steps they are required to take to ensure the rights of civilians are not violated. Among other things, the act sets…
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Guardianship Orders (NSW)
Guardianship Orders (NSW)
In New South Wales, the Guardianship Act 1987 governs the appointment of guardians for adults with a decision making disability. Under guardianship orders, the guardian can make decisions affecting the disabled person’s health, accommodation, support service and other general lifestyle matters. The Guardianship Act is based on the following principles: The welfare and interests of…
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Rehabilitation (NSW)
Rehabilitation (NSW)
Section 3A of the Crimes (Sentencing Procedures) Act 1999 sets out the purposes for which a sentence can be imposed in New South Wales. These purposes are punishment, deterrence, community protection, rehabilitation of the offender, to make the offender accountable for their actions, to denounce the conduct of the offender and to recognise the harm…
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Child Witnesses (NSW)
Child Witnesses (NSW)
It is common for courts to hear evidence from children in criminal matters. Child witnesses are often the alleged victims of crimes but they may also give evidence in circumstances where they are not directly involved in the alleged offence. Child witnesses are competent to give evidence provided they can demonstrate that they understand the…
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