The criminal justice system aims to protect the community and punish those who break the law. To achieve these goals, the State investigates, prosecutes, and punishes criminal acts. 

Typically, crimes are prosecuted either by the New South Wales Police Force through their Police Prosecutions Command (PPC) or through the Office of the Director of Public Prosecutions (ODPP).

Some of the most common offences dealt with by the criminal law system are traffic offences, assaults and sexual assaults, drugs, apprehended domestic and personal violence orders (AVOs), frauds and stealing, and organised crime, cybercrime. 

If you need an experienced criminal lawyer in Sydney that is also affordable, contact Richard without delay. Our criminal defence solicitors are available to assist clients across the Sydney CBD, Metropolitan areas, and Regional New South Wales

The Police Prosecutors perform the bulk of all prosecutions in the summary jurisdiction in the Local Court and the ODPP will prosecute the more serious offences such as sexual assaults, serious assaults, dangerous driving occasioning death, murders, commercial drug supply, pervert the course of justice etc.

Role of the State

Crimes are investigated by the police force. During this stage, the police will conduct interviews, gather evidence, and develop a theory of the crime. It is imperative that the police remain objective and focused on where the truth lies when investigating allegations of offending. 

Once a person has been identified and charges laid, a decision must be made about whether the accused will be held in custody pending the outcome of a hearing, this is called Bail. Bail can be granted by the Police or the Court. Depending on the seriousness of the offence, a person may need to demonstrate why they should be granted bail. This will almost always be decided by a Magistrate.

An experienced lawyer can help make the strongest possible case for an accused to be released on bail so they can prepare their defence. 

The criminal justice process may not only involve determining whether the accused is guilty of an offence. It requires astute negotiation and advocacy skills. Before an allegation even goes to a hearing, there may be numerous case conferences and discussions behind the scenes. 

On 30 April 2018, to address delays in criminal cases in the NSW District Court reforms implemented by the Parliament. 

The Early Appropriate Guilty Plea (EAGP) process was commenced to apply to all strictly indictable and electable indictable offences, called Table 1 and Table 2 offences. The EAGP is designed to save time, expense, and encourage early guilty pleas, through a sentencing discount system, rather than accused wait until the day or close to the first day of a trial.

Should a criminal case proceed to a hearing the prosecution will present their case. The defence are not compelled to offer any evidence, given their right to silence. In all criminal cases it is the sole onus of the State to prove the case against an accused. In the Local Court the role of the Judge (law) and Jury (fact) is performed by a Magistrate, and in a Criminal Trial in the District or Supreme Court the a judge will determine issues of law and the jury, issues of fact. 

If the defendant is found guilty, then the court will enter the sentencing process. Depending on how serious the offence is, the range of penalty could be a dismissal (such as a section 10 with or without a conviction, to a Conditional Release Order (good behaviour bond), Community Corrections Order, Intensive Corrections Order, or full time imprisonment. 

Protection for Defendants

Obviously, the State has resources that far outstrip those of an ordinary citizen, which would render the contest between a defendant and the State unfair and unjust. To address this power imbalance, the criminal justice system provides certain protections for people who are accused of a crime. 

First, the system is based on a presumption of innocence. This is a phrase that most people have heard before, but it bears closer inspection. A presumption of innocence means that the system starts with the position that the person accused of something did not do it, and the sole onus is placed on the State to prove that this presumption is wrong and that the accused is guilty.

The second important protection inherent in the criminal justice system is the requirement for proof beyond reasonable doubt. This means that the State must demonstrate that the person is guilty taking into account any other reasonable hypotheses consistent with innocence, and or the credit, reliability, and trustworthiness of any witnesses or other physical evidence.

An additional important protection in the criminal justice system is that an accused has a right not to incriminate themselves. That means, generally that accused persons have a right to silence, and if they choose to maintain their silence, the prosecution cannot infer they guilty because they choose not to, for example, participate in an interview with the police investigators.

Role of a Criminal Defence Solicitor

The job of a criminal defence lawyer is to challenge the prosecution theory of the case. When appropriate, a defence lawyer will skilfully test the evidence and take them to proof of every element of the crime. 

It is the role of all criminal lawyers, including prosecutors as officers of the court, to assist the court to understand the circumstances, and whether the admissible evidence presented is sufficiently reliable to demonstrate all elements of the offence to the criminal standard.

Being charged with a criminal offence is daunting and the criminal justice system is complex and difficult to navigate. With so much at stake, such as your freedom, and or a conviction, it is important to choose an experienced criminal lawyer to provide you with the right advice and the best defence possible. 

Richard McDonald has over 23 years’ experience in Sydney criminal law and has appeared at all levels of the court system. He has deep knowledge across all criminal law matters and a reputation for providing transparent, supportive advice and results-driven representation.

Contact our Criminal Lawyers in Sydney

Call Richard McDonald of McDonald Law on 02 8824 4736 or email us for an appointment at [email protected]. Our criminal lawyers in Sydney will be able to assist you, provide honest feedback, and give you practical options to plan, prepare and resolve your case.