A short introduction to criminal law
In any sophisticated society, the criminal law system has developed over time to deal with what society regards to be ‘criminal actions’.
In New South Wales a major piece of legislation that deals with most offences is under the Crimes Act, 1900 (NSW).
The criminal system also has several other acts that deal with specific crimes such as drugs together with legislation which sets out where someone is found guilty, the steps that a Court is required to take and consider in relation to sentencing an individual.
On a day-to-day basis most offences relate to minor matters, such as driving offences and alcohol related offences. In NSW the following normally applies:
1. The local court deals with all nearly all minor offences.
2. The local court has a single judge rather than a jury trial.
3. Each offence carries a maximum penalty and is dependent upon a successful conviction.
4. Most criminal cases are commenced by the NSW Police Service on behalf of the community.
5. The more serious offences are normally dealt with in the District or Supreme Court and are commenced by the Department of Public Prosecutions.
6. Some specific authorities are also able to commence criminal proceedings, such as proceedings relating to land and environment issues.
7. When someone is charged with a criminal offence, that charge will have several elements that the prosecution will be required to prove.
8. The standard of proof normally in a criminal case is that someone needs to be guilty beyond all reasonable doubt.
At Culleton Lawyers we provide advice in relation to criminal offences and what is appropriate for any client who may be facing a criminal charge.
Should you be charged with any offence or be suspected, resulting in an investigation taking place, we would ask that you please contact our office by telephoning (02) 4243 7855 or emailing reception@culletonlawyers.com.au so that we can provide you with the initial advice to assist you.