Criminal Law FAQ

You are not legally required to have a lawyer, but the consequences of a criminal conviction can be significant — including imprisonment, fines, and a criminal record. Most accused persons benefit from at least obtaining advice from a duty lawyer or Legal Aid before any plea or hearing.

Bail is the conditional release of an accused person while their matter is pending. Applications are made at the first court appearance or a separate bail application. Each AU state has its own Bail Act with specific tests — NSW has a show-cause framework, VIC requires compelling reasons in some cases.

Summary offences are minor and dealt with in the Magistrates or Local Court. Indictable offences are serious and dealt with in the District or Supreme Court (often with a jury). Some indictable offences can be heard summarily with the accused's consent.

A brief of evidence is the prosecution's collection of all the evidence they intend to rely on at trial — witness statements, exhibits, expert reports, and police records. The defence is entitled to receive the brief in advance.

The court hears submissions from prosecution and defence on the appropriate sentence. Factors considered include the seriousness of the offence, the offender's circumstances, prior record, and any mitigating factors. The court applies the relevant Sentencing Act framework for the jurisdiction.

A sentencing range is the typical range of sentences for a particular offence in a particular court, based on prior decisions. Quillio surfaces current AU sentencing range data with citations to recent District and Supreme Court decisions for the relevant offence.

A plea deal (or plea agreement) is an arrangement where the accused pleads guilty to a reduced or different charge in exchange for the prosecution dropping other charges or agreeing to make submissions favourable to the accused. Plea negotiations are common in AU criminal practice.

A Bugmy submission, named after Bugmy v The Queen (2013) 249 CLR 571, is a submission in sentencing that takes into account the offender's background of social and economic deprivation. It applies particularly (but not exclusively) to Indigenous offenders.

Suspects and accused persons have a general right to silence — they cannot be compelled to answer police questions or give evidence at trial. There are limited exceptions, particularly in NSW where adverse inferences may be drawn from a failure to mention something at a police interview.

A typical Magistrates Court matter is resolved in a few months. A District Court trial usually takes 6-12 months from charge to verdict. Supreme Court matters and complex trials can take 12-24 months or longer.

Yes. Appeals from the Magistrates Court typically go to the District or County Court. Appeals from the District Court go to the Court of Appeal. Appeal grounds include error of law, miscarriage of justice, and manifest excess in sentencing.

Committal proceedings are a preliminary hearing in the Magistrates Court for indictable offences, where the magistrate decides whether there is sufficient evidence to commit the accused to trial in a higher court. Some states have replaced committals with paper-based procedures.

A section 10 is a finding of guilt under the Crimes (Sentencing Procedure) Act 1999 (NSW) where no conviction is recorded — the offender is dismissed without conviction or placed on a good behaviour bond. It is sought when an offender wants to avoid a criminal record.

Bail is conditional release while a matter is pending. Remand is custody while a matter is pending. An accused person who is refused bail (or who cannot meet bail conditions) is held on remand.

A presumption against bail (or "show-cause" provision) means the accused must demonstrate why bail should be granted, rather than the prosecution demonstrating why it should be refused. It applies to certain serious offences in NSW under the Bail Act 2013.

Yes — you have the right to self-represent. However, criminal proceedings are technical and the consequences of getting them wrong can be significant. Most self-represented accused persons benefit from at least getting advice from a duty lawyer before any major decision.

A victim impact statement is a statement made by the victim of an offence (or their family) that the court considers when sentencing. It describes the impact of the offence on the victim. Each AU jurisdiction has rules about what can be included.

The prosecution must prove every element of the offence beyond reasonable doubt. This is the highest standard of proof in Australian law. The defence is not required to prove anything (with limited exceptions for some defences).

Character references are written or oral statements from people who know the offender, vouching for their good character. They are common in sentencing hearings and can influence the court's assessment of the offender's prospects of rehabilitation.

Quillio analyses briefs of evidence, builds chronologies, surfaces current AU sentencing authority, and drafts bail applications and sentencing submissions in current AU format. See /practice-areas/criminal-lawyers or start a free trial.