Criminal Law

Higgins Lawyers Blue Mountains

Overview

Criminal Law is the system of laws concerned with punishment of those who commit crimes as within specific jurisdictions. Find out more by clicking on each section below.

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Court Attendance Notice

Court proceedings are commenced by the issuing of a Court Attendance Notice. These are issued by the police or an individual.

Breaches of the Motor Traffic Act

The Road Transport Act provides a list of penalties applicable to persons who commit driving offences. Major Offences, such as PCA charges, include gaol sentences. Minor Offences, such as speeding, attract fines.

Apprehended (Domestic & Personal) Violence Orders (AVO's)

The Crimes (Domestic and Personal Violence) Act 2007 legislates for the safety of all persons who experience domestic violence.

Breaches of the Crimes Act

The most extensive Act relating to criminal conduct is the Crimes Act, 1900. The Act covers offences such as stealing, murder and more.

Summary Offences

These can be dealt with in the Local Court system. Table offences may be dealt with in the District Court. Indictable offences must proceed to the District or Supreme Court.

Bonds

Under the provisions of the Crimes (Sentencing Procedure) Act there are three types of Bonds which a Court may order a person to enter.

Breach of Bond

Upon conviction for another offence, or by failing to comply with a condition of their Bond, a defendant may be called up for the breach.

Types of Orders

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Conditional Release Order (CRO)

If you are found guilty or plead guilty to a less serious offence and have a limited criminal record, the Court can impose a CRO. If you have no prior criminal record or sometimes even if you do – you may get a CRO without a conviction being recorded against you. A CRO is an Order that allows you to be at liberty in the community but on condition that you do not commit any further offences. The CRO can include further conditions, including supervision by the Community Corrections office. If you breach a CRO, you can be called back before the Court to be resentenced.

Community Corrections Order (CCO)

If you are found guilty or plead guilty to a more serious offence – or if you have previously breached a CRO – the Court can impose a CCO. A CCO also allows you to be at liberty in the community on condition that you do not commit any further offence. Most CCOs also include supervision by the Community Corrections office. A CCO is an alternative to imprisonment and if you breach a CCO, you can be called back before the Court to be resentenced. If that happens, you can expect some form of custodial sentence.

Intensive Corrections Order (ICO)

If you are found guilty or plead guilty to a serious offence and the Court decides there is no alternative to a custodial sentence, the Court will sentence you to imprisonment. In some cases, instead of sending you to prison, the Court can order you to serve your sentence in the community by way of an ICO. If you are on an ICO, you will be intensely supervised by the Community Corrections office. You may also have to do some unpaid community service work. If you breach an ICO, you do not come back to Court – instead you will most likely have to serve the remainder of your sentence in prison,

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