Criminal Law in NSW: Understanding Your Rights, Charges, and Options
If you’ve been charged with an offence in New South Wales, knowing what happens next is critical. Here’s what you need to know — and how we can help.
What Is Criminal Law in New South Wales?
Criminal law in NSW deals with offences against the community, state, or individuals — everything from traffic offences and drug possession to assault, fraud, and more serious indictable charges.
In Australia, criminal offences are governed by a mix of state and federal laws, with the majority of day-to-day criminal matters in NSW covered by:
- Crimes Act 1900 (NSW)
- Criminal Procedure Act 1986 (NSW)
- Bail Act 2013 (NSW)
- Evidence Act 1995 (NSW)
- Relevant Commonwealth legislation for federal offences (e.g. Criminal Code Act 1995 (Cth))
If you’re dealing with police charges, a court mention, or a potential sentence, this page is designed to guide you through the key areas of criminal law as it applies in NSW and across Australia.
How Criminal Law Works in NSW
Here’s how criminal matters are generally handled in New South Wales:
- Arrest, Charge and Bail
Once you are charged, you may be granted bail or held in custody. The court will assess this under the Bail Act 2013 (NSW). For serious offences, strict bail conditions or bail refusal may apply. - Court Process (Local, District, Supreme Courts)
Most cases start in the Local Court, where pleas are entered. More serious matters (“indictable offences”) are committed to the District Court or Supreme Court for trial or sentencing. - Plea and Hearing
You can plead guilty or not guilty. A guilty plea may lead to sentencing directly. A not guilty plea triggers a defended hearing or trial — where the prosecution must prove the case beyond reasonable doubt. - Sentencing
If convicted, the court applies the Crimes (Sentencing Procedure) Act 1999 (NSW) to determine the sentence — considering factors like seriousness of the offence, rehabilitation prospects, remorse, and prior record. - Appeals
If there was a legal error or unfair outcome, you may be able to appeal a conviction or sentence to a higher court.
Throughout each step, having the right legal support can drastically change how your matter is handled and resolved.
Key Areas of Criminal Law (Pillars We Help With)
| Area | What It Covers | Why It Matters |
| Police Charges & Bail | Arrests, bail applications, police interviews, court mentions | Your first decisions can shape your whole case |
| Court Advocacy & Trial Defence | Local Court hearings, defended matters, District Court trials | What happens in court depends on preparation and representation |
| Sentencing & Rehabilitation | Pleading guilty, rehab programs, sentencing submissions | A well-handled plea can lead to reduced penalties |
| Appeals & Reviews | Conviction and sentence appeals, annulments, parole hearings | You may have more options than you think |
| Specialist Offences | Drug, traffic, assault, fraud, AVOs, sexual offences, white collar | Different offences require different strategies under NSW law |
What You Can Do (Next Steps if You’ve Been Charged)
If you’ve been charged with a criminal offence in NSW, here’s how to use this page and prepare:
- Choose the subtopic that matches your situation — e.g. drug offence, AVO, assault.
- Read the practical guides — we explain processes, penalties, and what courts look for.
- Download helpful documents or checklists, if available.
- Contact us early — the earlier we’re involved, the more we can help shape the outcome.
- If your court date is approaching, don’t wait. We can help you prepare submissions, gather evidence, and manage the process with confidence.
Need Help With a Criminal Matter in NSW?
At Jones Hardy Law, we support clients across Sydney and regional NSW with clear, expert guidance at every stage of the criminal law process — from bail to trial, sentencing to appeals.